Publications

In its decision of January 9, 2025, no. 460, the Italian Supreme Court ruled on the dismissal of a disabled executive for economic reasons, stating that the discriminatory nature of the dismissal is not excluded by the presence of another valid reason, such as the elimination of the position due to company restructuring.  The case ....

The Italian Supreme Court, with decision no. 170 dated January 7, 2025, was called to rule on the legitimacy of the dismissal of a disabled employee for exceeding the protected period.  Specifically, a disabled employee challenged the ruling of the Court of Appeal, which had determined that applying the same protected period for both non-disabled ....

The introduction of artificial intelligence (AI)-based systems in the workplace is revolutionizing business processes, allowing companies to achieve significant advantages in terms of efficiency, precision, and productivity, even in the management and organization of their workforce. The principle of non-discrimination in the workplace However, the adoption of such tools raises several critical issues, and it ....

With sentence No. 148, published in the Official Gazette on 31 July 2024, the Constitutional Court declared the illegitimacy of Article 230-bis, third paragraph, of the Civil Code, in the part that does not include the ‘de facto cohabitee’ among the participants in the family business. The ruling originates from the claim made by the ....

On December 12, 2024, the Court of Cassation admitted the referendum requests filed in July by the CGIL concerning, among other things, the regulation of unlawful dismissals under the so-called the so-called increasing protection employment contract (“contratto a tutele crescenti” in Italian parlance) under Legislative Decree No. 23/2015.  This system has always interested public opinion ....

The Supreme Court of Italy, in its ruling 31866/2024, clarified the limits of dismissal for just cause concerning conduct that occurs outside the workplace. The case The case concerns an employee, a bus driver, dismissed for just cause after being sentenced to two years and six months of imprisonment for charges including sexual assault, domestic ....

“Violates the employer’s directives (even if implicit, but clear) the employee who, although in a hierarchically superior position to the holder of the access credentials to a company’s IT system, has them revealed in order to gain access without specific authorization: the protection of data through access credentials alone is sufficient to make such directives ....

Published in the Italian Official Gazette on December 28, 2024, the so-called “Collegato Lavoro” – which contains provisions on labor matters introduced by the Italian Government and connected to the Budget Law – will officially come into force on January 12, 2025. Among the main changes introduced: