Categories: Insights, Case Law · News, Publications

Tag: Corte di Cassazione


30 Jan 2023

Reclassification of the self-employment relationship even in the absence of direct evidence of employer direction

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence of risk and an organisational structure on the part of the worker) where there is no direct evidence of employer direction.

The facts of the case

The Supreme Court’s decision arises from proceedings brought by an IT consultant who had worked under multiple consecutive self-employment contracts, on behalf of the principal, as a system assistant at the judicial offices of Arezzo.

The Court of Pisa, in the first instance, had rejected the application for reclassification, confirming the self-employment nature of the relationship in the absence of proof of the employer’s direction.

The worker appealed against this decision before the Florence Court of Appeal complaining that the first-instance judge had not given enough importance to all the evidence that, although not sufficient to demonstrate employer direction, was sufficient to constitute proof of the subordinate relationship between them.

In the context of the second instance judgment, the territorial Court, overturning the decision of the first instance judge, held that there was an employment relationship based on the following evidence:

  • the self-employment contracts (called consulting assignments) covered the details of the services to be provided by the collaborator in a completely generic way. Thus, notwithstanding the express classification of the relationship as self-employed, the wording of the contracts did not contain any elements contradicting the existence of a subordinate relationship, which, on the contrary, was confirmed by the stipulation of remuneration commensurate with the number of working days;
  • the worker used work equipment provided by the principal, with the consequent absence of financial risk on the part of the service provider;
  • the principal exercised control over the employee’s hourly and daily workload, who performed his services according to the company’s needs;
  • entirely similar functions were entrusted, at another judicial office, to a technician employed by the company.

The company appealed against the judgment of the Court of Appeal before the Italian Court of Cassation.

The Italian Court of Cassation’s decision

The Italian Court of Cassation rejected the appeal, confirming that the Court of Appeal, having failed to find direct evidence of so-called ‘employer direction’, had correctly resorted to circumstantial evidence which, in this case, constituted suitable and significant evidence of a para-subordinate relationship.

Therefore, even in the absence of employer direction, the Court of appeal found that the existence of a subordinate relationship had been proved as (i) there was control over the hourly and daily workload; (ii) the remuneration was commensurate with the working days; (iii) the employee had no financial risk; (iv) the employee performed his services at the requested times; (v) the generic details of the services to be provided under the collaboration indicated in the contract and the absence of an obligation to achieve results.

In view of all the above, the Italian Court of Cassation dismissed the appeal filed by the company and ordered it to pay the litigation costs.

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…