Unlawful dismissal for exceeding grace period if employer denied vacation time
26 October 2023
It is unlawful to dismiss an employee on the grounds of exceeding his grace period if the employer refuses to allow him to take his accrued leave without valid reasons justifying the refusal before the grace period ends. The case before the Court examines the dismissal of an employee for exceeding his grace period, which […]
The remote worker's safety abroad
15 September 2023
The employer must ensure the employees' health and safety even when performing their performance from abroad. The legislation regulating remote working, Law No. 81/2017, does not prevent remote performance by employees outside Italy. The performance of work abroad does not exclude, though, the employer's obligation to guarantee employee protection from the point of view of […]Repêchage obligation extended to vacant positions in the future
28 June 2023
The employer, in fulfilling the duty of repêchage, must also take into account job positions which, although still occupied at the time of dismissal, will become available within a time frame close to the termination. In its decision no. 12132 of May 8, 2023, the Supreme Court extended the applicability of the repêchage obligation to […]Legitimate disciplinary sanction imposed based on video surveillance images
10 May 2023
Using images from the video surveillance system installed in the company for security reasons to prove an employee's disciplinary misconduct is legitimate. The Supreme Court, in its order no. 8375 of March 23rd, 2023, declared the lawfulness of using video surveillance system footage to report an employee’s misconduct, provided that it is evaluated within a […]Garden Leave
28 April 2023
The “Garden Leave” is a contractual clause used mainly in the United States and the United Kingdom, which grants employees a paid leave within the execution of the notice period to prevent them from engaging, during that time, in competitive conduct that could be detrimental to the employer. One of the contractual obligations to which […]Evidence of hetero-direction for establishing the existence of the employment relationship
8 March 2023
Even without the element of subjection to the employer's directive power, it is possible to prove the existence of the employment relationship through presumptions. The Supreme Court examined an employee's claim to establish the existence of an employment relationship with a company for which he provided consultancy services. As is well known, Article 2094 of […]New crisis code: union disclosure in business transfer
22 February 2023
Pursuant to the new paragraph 1-bis of Article 47 Law no. 428 of 1990, in the context of the crisis and insolvency regulation instruments, prior notifice to the trade unions of the intention to proceed with the transfer of the business may also be given only by those who intend to make an offer to […]Same conducts but different disciplinary measures: the employer's and employee's burdens
9 February 2023
The Italian Supreme Court stated that the employer has no obligation to prove the fairness of the different treatment reserved to employees who have been subjected to two different disciplinary sanctions for the same conduct. With judgement no. 22115/2022, the Italian Supreme Court ruled on the employer's duty to justify the application of different measures […]Compensability of "overwork" damage
25 January 2023
When judicial claim is raised in order to obtain compensation under Article 2087 of the Italian Civil Code for damages caused by the performance of work in excess of reasonable tolerability, the employee must prove the performance of the service in a harmful manner and the connection between the work thus carried out and the […]Legitimacy of dismissal for personal use of trade union permits
12 January 2023
Employees who hold roles which require them to attend trade unions organs, shall have the right to benefit permits allowing them to join the relevant meetings, as well as the duty to use such permits only for the purposes to which they are granted. With Ordinance no. 26198/2022, the Italian Supreme Court stated that taking […]