Courts’ authority to interpret the meaning of intrinsically ambiguous expressions
30 July 2026
In its judgement No. 22621, dated July 2nd, 2026, the Italian Supreme Court ruled that medical examination reports drafted using ambiguous phrases (such as “unknown/unable to be located at the address”) do not constitute sufficient evidence to justify dismissal for just cause, and that the resulting ambiguity, when properly analysed, cannot be resolved to the […]
Transnational Employment Relationships: the Court of Justice of the EU on the identification of the applicable law
23 July 2026
Abstract: In its July 9, 2026, ruling in Case C-768/24, the Court of Justice of the European Union clarified that, for the purpose of determining the law applicable to a transnational employment relationship, the criterion to be considered is that of the “closest connection,” which must be assessed based on the objective elements characterising the […]Refusal to transfer or dismissal: for the CJEU, the effective reasons behind the termination shall be taken into account
3 July 2026
The recent judgment released by the Court of Justice of the European Union (CJEU) dated June 4th, 2026 (Case C-907/24) addresses the relationship between dismissal resulting from the refusal of a transfer notice from the originally designated place of work and the rules governing collective dismissals, providing significant clarifications regarding their application. The issue stems from […]Employee’s Duty of Loyalty: Breach of Loyalty Is Independent of Unfair Competition and the Imminence of Resignation.
1 July 2026
A breach of the duty of loyalty (Art. 2105 of the Italian Civil Code) occurs when an employee engages in acts intended to divert the employer’s customers to a competing business. Such unlawful conduct has a broader scope than the prohibition against unfair competition under Article 2598 of the Italian Civil Code and includes preparatory, […]The principle of the irreducible remuneration: regulatory developments on the subject.
26 May 2026
In Order No. 8402 of 3 April 2026, the Supreme Court once again ruled on the issue of the non-reducibility of remuneration, focusing on the legislative amendments affecting Article 2103 of the Civil Code. Today, employers and employees may enter into agreements, in a protected setting, to reduce remuneration, provided that this ensures the safeguarding […]Tax regime for “impatriate” workers: terms and conditions of the Italian regulation
28 April 2026
The tax benefits granted to “impatriate” workers represent a particularly significant incentive used by a large number of workers who choose to relocate to Italy. This article intends to analyse the national regulations, focusing on the main aspects of their application and the eligibility requirements set forth in the relevant legislation. Section 5 of Legislative […]The use of private means of transport in the framework of “in itinere” accidents
29 January 2026
Nation case-law plays a significant role in defining the correct set of norms to apply to cases of “in itinere” accidents, with specific regards to the controversial issue of the use that workers make of their private vehicle to reach the workplace. In this article, we examined some specific scenarios that may occur during the […]Differences in contributions between European agricultural workers employed on a fixed-term and permanent basis, the Court of Justice of the European Union
23 December 2025
In its judgment dated May 8th, 2025, the Court of Justice of the EU ruled that a national provision allowing different treatment (without objective justification) between agricultural workers employed on a fixed-term basis and those employed on a permanent basis regarding their remuneration and social security contributions is contrary to European provisions (more specifically, clause […]Permits under Law no. 104/1992: general regulation and recent judgements
27 November 2025
Italian Law no. 104/1992 introduced the possibility for public and private workers to take paid leaves to care for family members with disabilities. Over time, case law has specified the correct use of these permits, determining which connected activities are allowes as well as those that may feature an abuse of such a benefit. Italian […]Grace period for disabled employee: clarifications from the EU Court of Justice
18 November 2025
With regard to the protection of disabled employees in the event of dismissal for exceeding the grace period, it is up to the national court to judge the appropriateness of domestic legislation in relation to EU law. In its judgment of September 11, 2025, in Case C-5/24, the Court of Justice of the European Union […]