Publications

The debate on the reliability of family members’ testimonies is recurrent, as they have a personal interest in the trial’s outcome.    The Supreme Court has returned to the subject with its ruling no. 2295 of 2 February 2021, stating that for testimonial evidence, a witness who has a family or marriage relationship with one ....

The Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to their (avoidable) choice to spend holidays abroad constituted just cause for dismissal. The Court’s ruling stems from an appeal brought by an employee who had been dismissed because, ....

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means – as specified by the Parliament – the “right of workers not to engage in work-related tasks or communications outside working hours by means of digital media, such as phone calls, emails ....

The Court of Rome, with its recent ruling no. 5961 of 21 January 2021, addresses the limits and conditions for the use of remote working. In the current emergency framework, access to remote working has been made flexible for the majority of workers. This included a significant reduction in the number of formal procedures. In ....

The Court of Lamezia Terme, with the sentence of 14.01.2021, ruled that it is possible to unilaterally withdraw from a second level collective agreement with no expire date, but the party that objects to this circumstance is burdened by providing the relevant proof. More specifically, the sentence states that, if the second level collective agreement ....

The Supreme Court With ruling no. 553 of 2021 confirmed the legitimacy of the dismissal for just cause imposed on a worker who had uttered offensive and threatening sentences against the company’s judicial administrator. The Supreme Court argued that the decision of the Court of Appeal of Bari which had declared the legitimacy of the ....

 The Supreme Court of Cassation, with its ruling no. 26509, published on 20 November 2020, reaffirmed a principle by which company collective agreements apply erga omnes to all company workers, even if they are not members of negotiating trade unions. Exceptions are workers who joined a different trade union organisation and disagreed with the agreement. ....

Budget Law 2021 covers a wide range of measures in labour, taxation, liquidity support areas and business development and, in 1,150 paragraphs, outlines the financial manoeuvre rules. Art. 1, paragraph 279, of Law 30 December 2020, no. 178, extended until 31 March 2021 the possibility of extending or renewing fixed-term contracts by repealing the strict ....