The cap of six-monthly salaries on compensation for unlawful dismissal in small enterprises is unconstitutional in Italy
31 July 2025
The Constitutional Court has again ruled on the legitimacy of section 9, para. 1, of Legislative Decree No. 23/2015, which governs the protection granted to employees who have been unlawfully dismissed by companies staffing fewer than sixteen employees. This time, the Italian Court found the provision unconstitutional insofar as it limits the maximum compensatory indemnity […]
When can a rude employee be dismissed?
31 October 2024
It is lawful to dismiss an employee who addresses customers in a rude and aggressive manner. The case stems from an appeal made by an employee, a butcher counter clerk at a supermarket, who was dismissed for just cause by his employer. The dismissal was due to the employee addressing a customer in an aggressive […]The CJEU on a different term to challenge the dismissal of pregnant employees
29 July 2024
The regulatory treatment of pregnant employees is a particularly sensitive issue in any jurisdiction. A recent case occurred in a similar scenario and requested the intervention of the Court of Justice of the EU, which, in ruling on German legislation, shared a principle of law potentially applicable to each member State. An employee hired by […]Limits of the repêchage duty in redundancy cases
18 July 2024
The repechage duty must be limited to lower duties compatible with the employee’s skills, professional background and training at the time of dismissal. In the case at issue, some employees challenged the dismissal, complaining that it had not been pre-ceded by an assessment of their possible repêchage, meaning their assignment to a different job that […]Dismissal of an employee who refuses to move from a part-time to a full-timeregime
21 November 2023
An employee who refuses to amend his employment relationship by accepting a full-time schedule may be dismissed because the part-time work cannot be used, but not because of the refusal standing alone. In its Order No. 29337 of 23rd October 2023, the Supreme Court stated that, in the event of a refusal to transform the […]Repêchage obligation extended to vacant positions in the future
28 June 2023
The employer, in fulfilling the duty of repêchage, must also take into account job positions which, although still occupied at the time of dismissal, will become available within a time frame close to the termination. In its decision no. 12132 of May 8, 2023, the Supreme Court extended the applicability of the repêchage obligation to […]Garden Leave
28 April 2023
The “Garden Leave” is a contractual clause used mainly in the United States and the United Kingdom, which grants employees a paid leave within the execution of the notice period to prevent them from engaging, during that time, in competitive conduct that could be detrimental to the employer. One of the contractual obligations to which […]Nature of the dismissal due to employee’s unfitness for work
14 April 2023
The law provides for several cases in which employees must undergo a company medical examination to confirm their physical fitness to perform the tasks assigned under the employment contract. But what are the consequences if such confirmation is never released? Below is a brief analysis of the employer’s alternatives when its employees no longer hold […]Collective dismissals in companies groups
14 December 2022
On the subject of collective dismissals, when within several companies a single entity is established as the reference employer for them all the collective dismissal must involve all the employees in the entire group, even if there is no proof of the mixed use of the duties assigned to the dismissed employees. In Order No. […]New starting date for the statute of limitations for employment claims
28 November 2022
In its ruling no. 26246 of Sept. 6, 2022, the Italian Supreme Court ruled that the statute of limitations for employment claims runs from the termination of employment. The Italian Supreme Court has ruled on the five-year statute of limitations for claims related to entitlements accrued by employees during their employment. The issue had been […]