Issues in choosing the governing law of a contract: the overriding mandatory provisions
3 August 2023
When concluding a contract that involves more than one jurisdiction because of the parties’ citizenships or the place of execution of the activities, they may choose the law that will govern their working agreement. Although there are no boundaries to the legislation to choose from, the terms and conditions of the agreement mustn't collide with […]
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 […]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 […]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 […]The termination of employment relationship due to an employee's unjustified absence.
25 October 2022
The conduct of an employee who is absents from work without justification is reprehensible as it has the purpose of forcing the employer to fire him and obtain the benefit of Naspi. To be absent from work without providing any justification in order to induce the company to notify a dismissal for unjustified absence and […]Managerial relationship: limits to the right to criticise of the employer
25 October 2022
The Italian Supreme Court, in its ruling no. 17689 of 31 May 2022, has expressed again on the limits of an Executive’s right to criticise of the employer company and the consequent legitimacy of the dismissal served in case the employer considers such limit exceeded. The case submitted to the Court's examination stems from the […]The application of just cause under Section 2119 of the Italian Civil Code to agency relationships.
25 October 2022
The employment relationship of agents has long been the focus of the scholars’ debate regarding its actual nature. Today, while there is an apparent agreement on the framing of the same within the autonomous work, clashes remain heated over some specific elements, one of which concerns the possibility of terminating the relationship for cause under […]Freedom of the press and dissemination of financial data: what limits on the journalist's activity?
25 October 2022
In light of the recent ruling of the European Court of Justice on the subject, it is interesting to understand which limits the EU places on the activity of journalists, with particular reference to the freedom to share information (in this case, of a financial nature) recognised to this professional figure. By its very […]Employer’s defensive controls and soundness of the relevant suspects
25 October 2022
The provision in Article 4 of the Workers' Statute was amended in the season of legislative reforms passed between 2014 and 2016 (the so-called "Jobs Act"). These amendments resulted in greater freedom on the employer’s part, with the introduction of the balancing of values between the protection of employee confidentiality and the safeguarding of company […]