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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 April 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 March 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…