The absorbability of the so-called superminimum
The Supreme Court of Cassation rules on the principles regarding the absorbability of the so-called superminimum
Case ref: Court of Cassation, Employment Section, Order No 10779 of 5 June 2020
Special paid leave and holidays
Special paid leave is not due, nor is it recoverable, in the case of concurrent holidays.
Case ref: ECJ judgment of 4 June 2020 C-588/18
The requirements for a non-competition agreement to be deemed valid
The Court of Cassation analyses the prerequisites for legitimacy of non-competition agreements pursuant to Article 2125 of the Italian Civil Code. art. art. 2125 cod. civ.
Probationary period and duration limits
Legitimacy of the probationary period that exceeds the maximum duration provided for in the national collective bargaining agreement (NCBA)
CIGS: effects of late application according to the Constitutional Court
Constitutional Court confirms constitutional legitimacy of Article 25(3) of Legislative Decree 148/2015 on the sanctioning of late submission of the CIGS application
INAIL (National Institute for Insurance against Accidents at Work) and indemnifiable illnesses
Not only the specific risk, but also the so-called “improper“ risk, can be compensated too.
Case ref: Court of Cassation, Ordinance No 8948 of 14 May 2020
Safety at work and delegation of the prevention obligations
Safety at work: requirements for the valid delegation of the prevention, insurance and surveillance obligations.
Case ref: Court of Cassation, Criminal Section, 20 February 2020, no. 6564
Same conduct, different sanctions
It is legitimate to impose different disciplinary sanctions on employees for the same misbehavior.
Case ref: Court of Cassation, Employment Section, 7 May 2020, no. 8621