Dismissal for poor performance
The Court of Cassation rules on dismissal for breach of contract and negligence
Dismissal for insubordination
The notion of insubordination in the context of the employment relationship
Case ref: Court of Cassation, labour section, order no. 13411 of July 1st, 2020
Disciplinary dismissal and reinstatement
Art. 18 of Law 300/1970, the remedy of reinstatement presumes the conscious abuse of the employer’s disciplinary power
Individual transfer and legitimacy requirements
The transfer of the worker is not subject to a burden of form.
Case ref: Court of Cassation, Employment Section, Judgment no. 12029 of 19 June 2020
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)

