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 […]Interference risk: the principal’s liability in the event of an accident at work
30 October 2025
In the event of an accident at work within the scope of a service contract, where the work is carried out on the principal’s premises, the latter must demonstrate not only that they have fulfilled their obligations under safety regulations but also that they have not interfered in any way with the performance of the […]The Italian regulation of telematic resignations also applies to employees on probationary period
29 September 2025
With decision no. 24991/2025, the Italian Supreme Court has confirmed that the regulation concerning telematic resignations – and their revocation – provided for by Article 26, paragraphs 1, 2, 3, and 4, of Legislative Decree no. 151/2015, also applies to employees on probation. In the case at issue, an employee on probationary period initiated a […]Between employee negligence and insubordination: the case of the security guard
25 September 2025
With order no. 23565 of August 19th, 2025, the Italian Supreme Court confirmed the legitimacy of the dismissal for cause of a security guard who, on several occasions, disregarded his employer’s instructions on the correct use of service equipment. Said conduct, which was repeated and deliberate, does not constitute mere negligence, but a form of […]School assistance for disabled children of cross-border workers
16 September 2025
The Court of Justice of the European Union has declared that national legislation making the enjoyment of a social benefit conditional on residence in the country concerned is unlawful. In the case decided with judgment dated July 10th, 2025 (Case C‑257/24), the Court of Justice of the European Union affirmed a principle of particular relevance […]Ragusa Court: lawful dismissal of an employee who arbitrarily performed work remotely
28 August 2025
The Italian Court of Ragusa stated the lawfulness and proportionality of the dismissal of an employee who repeatedly and arbitrarily performed work under a remote working regime, without entering into a prior individual agreement. In the case decided with judgment dated July 11th, 2025, the claimant, who had been employed under an open-ended full-time contract […]Domestic employment: the allowance for exclusively night-time work granted to employees who also work during the day, if expressly stipulated in the employment contract
21 August 2025
The Italian Supreme Court has ruled that the allowance provided under the National Collective Bargaining Agreement (CCNL) for exclusively night-time work is not applicable to domestic workers who also perform daytime duties, unless such compensation is expressly stipulated in the individual employment contract. The worker, classified under level C super of the NCBA for Domestic […]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 […]The limits of social scoring under Regulation (EU) No. 1689/2024
23 July 2025
The European legislation prohibits the use of artificial intelligence systems for evaluating individuals based on social behaviour or personal characteristics, where this involves processing that is prejudicial or discriminatory. Regulation (EU) 2024/1689 of 13 June 2024 (commonly referred to as the “AI Act”) recognised the potential ability of artificial intelligence systems to assign social scores […]