ITA 
Sickness and behaviour prejudicial to recovery
Court of Cassation order no. 26709 of 1 October 2021
Lawful dismissal for just cause of the employee for having kept, during the period of illness,
Unlawful transfer of undertaking: employment relationship de iure e de facto
Quotidiano del Lavoro – Il Sole 24 Ore, 4 ottobre 2021 – Marco Tesoro
In case of unlawful transfer of undertaking, even upon an apparently unique work performance, the employment...
Exemption from direct transfer of surplus employees in the event of bankruptcy of the transferor
Court of Cassation, Order No 24691 of 14 September 2021
"In the hypothesis of transfer of a business, for the purposes of the operation of the effects provided
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, ...