The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions<\/p>\n\n\n\n
from work could not be qualified as a strike. The decision came after the rejection of the appeal<\/p>\n\n\n\n
filed by some employees against a disciplinary sanction imposed by a highway company following<\/p>\n\n\n\n
two days of unjustified absence. The Court of Appeal had upheld the lawfulness of the sanction on<\/p>\n\n\n\n
the grounds that the workers’ absence had not been supported by a trade union declaration, which<\/p>\n\n\n\n
is a necessary condition for the abstention to be classified as a strike. In particular, the Court of<\/p>\n\n\n\n
First Instance had pointed out that in the absence of a formal notification from a trade union<\/p>\n\n\n\n
announcing the starting time of the strike and in the absence of collective deliberation, the<\/p>\n\n\n\n
workers’ behaviour had to be considered as an individual decision.<\/p>\n\n\n\n
The workers challenged the decision, arguing that the right to strike could be exercised without a<\/p>\n\n\n\n
trade union declaration. However, the Supreme Court stated that although the right to strike is an<\/p>\n\n\n\n
individual right, it is essential that it is collectively agreed in the event of a conflict situation<\/p>\n\n\n\n
involving the protection of a collective interest. Consequently, the Supreme Court rejected the<\/p>\n\n\n\n
appeal and declared the sanction lawlful.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":5,"featured_media":25476,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[177,190,196,212,158,208],"tags":[1154,530,941],"class_list":{"0":"post-25475","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-insights","9":"category-news","11":"category-publications-2","12":"category-publications","13":"tag-corte-di-cassazione-en","14":"tag-dismissal","15":"tag-licenziamento-en"},"acf":[],"yoast_head":"\n