Agency: the stability pact is null, too onerous
Quotidiano del Lavoro – Il Sole 24 Ore, 17 settembre 2021 – Marco Tesoro
In the context of an agency relationship, the stability pact is considered null under Article 1344 of the Civil Code....
The employer’s withdraw from a non-competition agreement during the employment relationship is always unlawful
Court of Cassation, Order No 23723 of 1 September 2021
The right of the employer to withdraw unilaterally from the non-competition agreement constitutes a nullity...
Labour judge and bankruptcy judge: division of competences
Quotidiano del Lavoro – Il Sole 24 Ore, 2 September 2021 – Marco Tesoro
A claim for a declaration of the right of the transferee - who becomes insolvent during the pendency...
Protected period on case of illness: it is presumed the continuity of the illness even in vertical part-time work
Also in the vertical part-time employment relationship it must be taken into account, for the purpose of calculating the illness protected period (i.e. the period of...
Demotion agreement: requirements for validity and damages
Court of Cassation Order 8 July 2021 no. 19522
A demotion agreement which, for the sole purpose of avoiding dismissal, ...
Unlawful TUPE and the effect on salary
Court of Cassation Order 14 June 2021 no. 16719
In the case under discussion, where a TUPE transfer is declared illegitimate,...
Italian Data Protection Authority: no indiscriminate monitoring of employees
Injunction against Municipality of Bolzano – 13 May 2021
It is not possible to monitor employees’ Internet surfing in an indiscriminate manner...
An executive (dirigente) who chooses not to use up holiday entitlement loses the right to indemnity in lieu of same
Court of Cassation with Judgement No. 15952 of June 8, 2021
A top-level manager who, despite having the power to decide freely when to take holidays, does not use up his/her annual leave, is not entitled to indemnity in lieu unless...