The Court of Cassation's Joint Sections has issued a landmark ruling clarifying the procedural rights of employees who are dismissed while lacking mental capacity to understand or respond to their termination. This decision addresses a critical gap in Italian employment law by establishing new time limits for challenging dismissals when workers are unable to comprehend the legal consequences of their termination. The ruling balances employee protection against employer certainty in dismissal proceedings.

The Italian Supreme Court has ruled on the evidentiary value of medical examiner reports in disciplinary dismissal cases involving employee unavailability during medical check visits.

In a ruling dated 27 September 2023, the Court of Ravenna referred to the Italian Constitutional Court the constitutional legitimacy of Article 3.2 of Legislative Decree No. 23/2015 ...

La Corte di Cassazione ha stabilito che il verbale del medico fiscale fa piena prova solo dei fatti direttamente constatati, non delle interpretazioni. Le diciture come "sconosciuto/irreperibile" possono...

The Italian Court of Cassation has ruled on a critical employment law matter concerning the termination of collective bargaining agreements. The decision addresses whether individual employers can unilaterally withdraw from collective agreements before their expiry date, and establishes important precedents regarding workers' rights to compensation when such terminations are deemed unlawful.

An employee who refused to comply with an order from his employer to move to a new team had shown serious insubordination and could be legally dismissed, according to a recent ruling by the...

A recent case heard in the Italian courts may be influential in changing the approach employers have to work related mobile phone use.

On 28 September 2023, the Court of Milan issued an important judgment upholding an action for anti-union conduct brought by several trade union organisations against a well-known company ...

La Cassazione ha precisato che il licenziamento per giustificato motivo oggettivo può essere intimato solo ove la Commissione preventivamente adita accerti la definitiva impossibilità di reinserire il disabile.

As the Christmas party season approaches HR and senior management are faced with ensuring that employees' behaviour does not get out of hand.

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director's waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention...

Law 23 December 2009 n. 191 introduced some new provisions regarding employment law, the most important of which are:

Come ormai noto, il Decreto del Presidente del Consiglio dei Ministri del 9 Marzo 2020 ha esteso le misure volte a contrastare e contenere il diffondersi del virus COVID-19 all'intero ...

On 24 January 2020, the Italian Supreme Court (Corte di Cassazione) confirmed that riders working for the food delivery app service Foodora are self-employed contractors and not employees.

The employee was dismissed for disciplinary reasons by registered letter which was never picked up and thus remained in deposit at the post office.

Italy is going through significant political, social and legal changes at the moment. As employment lawyers, we are seeing first-hand how these changes impact employers and their Italian workforce

The Italian Constitution guarantees the freedom and confidentiality of correspondence and all other forms of communication.

On March 3 2010 Parliament approved a significant piece of legislation - the Collegato Lavoro - which affects several aspects of employment law, changing certain existing provisions and introducing new regulations.

This article is the second in a series which provides a brief overview of the some of the key elements of employment law in Italy.

The Italian Supreme Court has drawn a clear line between unlawful dismissals and offensive dismissals in a landmark ruling.