Categories: Insights, Publications · News, Publications

Tag: RSU


31 Oct 2022

Court of Cassation: informing only the Unions of forced holidays is unlawful (Newsletter Norme & Tributi n. 163 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the is to go on holiday, taking account of the legitimate needs of each employee, so that they can organize at best and thus achieve the purpose holidays are to serve, namely to recover the worker’s psycho-physical energy.

The Court found that in the case at hand, among other things, the employees had been forced to take holidays split in a certain number of hours per day, and were informed of it only after that the holidays had been used, specifically when examining the payslip. In this regard, it was confirmed that the employees in question have a valid right to damage compensation. Therefore, the Court has rejected the company’s appeal also on these grounds and decided on the costs.

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 Sep 2026

Company files deleted from the PC: dismissal lawful even without proof of damage

The matter arises from the disciplinary dismissal of an employee performing general secretarial duties who, upon returning the company computer following a change in her duties, handed back…

1 Sep 2026

Overtime work: a summary schedule is not enough, employees must provide strict evidence of both the hours worked and the extent of the overtime performed

With order no. 20700 of 18 June 2026, the Italian Supreme Court once again addressed the issue of overtime work, reiterating that employees claiming overtime pay must strictly…

1 Sep 2026

Did you know that… an individual allowance that has remained unchanged for years may become non-absorbable?

In judgment no. 24475 of 5 August 2026, the Employment Section of the Italian Supreme Court confirmed that an individual allowance (i.e. “superminimo”), although normally subject to the…

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…