Abstention from work: the individual decision of workers does not qualify as a strike (Newsletter Norme & Tributi n. 181 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions

from work could not be qualified as a strike. The decision came after the rejection of the appeal

filed by some employees against a disciplinary sanction imposed by a highway company following

two days of unjustified absence. The Court of Appeal had upheld the lawfulness of the sanction on

the grounds that the workers’ absence had not been supported by a trade union declaration, which

is a necessary condition for the abstention to be classified as a strike. In particular, the Court of

First Instance had pointed out that in the absence of a formal notification from a trade union

announcing the starting time of the strike and in the absence of collective deliberation, the

workers’ behaviour had to be considered as an individual decision.

The workers challenged the decision, arguing that the right to strike could be exercised without a

trade union declaration. However, the Supreme Court stated that although the right to strike is an

individual right, it is essential that it is collectively agreed in the event of a conflict situation

involving the protection of a collective interest. Consequently, the Supreme Court rejected the

appeal and declared the sanction lawlful.