Case Law

    The third Labour Section of the Civil Court of Rome, by ruling 4354 dated 8 May 2019, stated, the conciliation report signed by the worker in the trade union, can be appealed within the period referred to in Article. 2113 of the Civil Code, where the national collective bargaining agreement does not govern ....

The Court of Rome, Labour Section, by ruling of 6 May 2019, has discussed hetero-organized contracts of collaboration, developing further the direction of the jurisprudence that arose in relation to art. 2 of Legislative Decree. 81/2015 on the occasion of the so-called ” Foodora case”. The facts The dispute in question concerned the collaboration between ....

By way of order No. 9006 of 1 April 2019, the Court of Cassation has ruled that the minutes of a settlement agreement signed with the involvement of trade unions is actionable by the worker only in the event of vitiated consent or lack of assistance by the trade union representative. The court, on the ....

The Court of Cassation, with judgement No. 7642/2019, has once again deliberated on the issue of selection criteria in collective redundancy procedures, as set out in Law 233/1991.   The facts The Court of first instance rejected a statement of opposition filed by a company pursuant to art. 1, paragraph 51, of Law 92/2012 against ....

The Court of Cassation, in order No. 9268 of 3 April 2019, has affirmed that the dismissal for justified objective reasons of a pregnant employee during the notice period is lawful but unenforceable, as occurs in the case of termination during sick leave or absence for injuries.   The facts   In overturning the first ....

The Milan Court of Appeal, with judgment no. 2116 of 22 January 2019, reversing the judgment of the court of first instance no. 483/2017 of the Court of Monza, ruled on the validity of the trial period annexed to the employment contract and on the legitimacy of the dismissal served on grounds of failure to ....

With judgment no. 3147 of 1 February 2019, the Court of Cassation remarked that the employers can supplement the grounds for dismissal in the course of proceedings if these are insufficient or generic. The facts The Court of Appeal having jurisdiction, upholding the judgment of the Court of first instance, had declared that the dismissal ....

With judgment no. 4670 of 18 February 2019, the Court of Cassation maintained that the controls requested by the employers of an investigation agency are legitimate if the investigation concerns the control of behaviour that could be criminally relevant or fraudulent actions capable of damaging the employer. The facts A company active in the food ....