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 […]Managerial relationship: limits to the right to criticise of the employer
25 October 2022
The Italian Supreme Court, in its ruling no. 17689 of 31 May 2022, has expressed again on the limits of an Executive’s right to criticise of the employer company and the consequent legitimacy of the dismissal served in case the employer considers such limit exceeded. The case submitted to the Court's examination stems from the […]Timeliness of sending notices to employees in collective redundancies.
25 October 2022
The rules applicable to collective redundancies provide for strict timeframes aimed at bringing order to their management and ensuring that the works council and the unions are duly informed so that they can verify the respect of the rights of all employees involved. More specifically, the Italian Supreme Court has lately stated certain principles to […]The application of just cause under Section 2119 of the Italian Civil Code to agency relationships.
25 October 2022
The employment relationship of agents has long been the focus of the scholars’ debate regarding its actual nature. Today, while there is an apparent agreement on the framing of the same within the autonomous work, clashes remain heated over some specific elements, one of which concerns the possibility of terminating the relationship for cause under […]