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The subordinate nature of the employment relationship is negated where the professional, although included in the company organization chart, is not subject to any supervision, directives and control by the top management.

Employee’s absences due to occupational illness or injury are excluded from the calculation of the protected period in the case of the employer’s liabilty under art. 2087 of the Italian Civil Code or explicit NCBA provision.

The request to postpone the oral hearing, filed by the employee under disciplinary process, can be refused by the company when the employee does not prove the impossibility to leave home.

The Court of Cassation confirms the employment protections to the delivery cyclists ‘hetero-organized’ Case Ref.: Cassazione Civile, sez. lav., 24 gennaio 2020, n. 1663

Our interview on MAG, Italy’s no.1 legal magazine

Application of Leg. Decree 23/2015 in case of conversion of the fixed-term contract in Court Case Ref: Cassazione Civile, sez. lav., 16 gennaio 2020, n. 823

Dismissal of executive (dirigente) and deadline to appeal under Law no. 183/2010, par. 32 Case ref: Cassazione Civile, sez. lav., 8 gennaio 2020, n. 148

Dismissal null and void because retaliatory, the unlawful reason must be the only effective reason for withdrawal Case Ref: Cassazione civile sez. lav., 02/12/2019, n. 31395