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
Time spent changing into and out of work clothes (so-called “donning and doffing”) is unpaid if the employee chooses when and where to do it
Donning and doffing is not remunerated if the employer has no say in where, when and how it is done.
Court of Cassation, labour section, order no. 15763 of 7 June 2021
Use of data from trade union mailing list for disciplinary purposes
There is no breach of privacy law in using data contained in a trade union mailing list for disciplinary purposes, when such list was delivered to the employer by one of the recipients
Court of Cassation, Section 1, Judgement, 31 May 2021, no.15161
Disciplinary dismissal and reinstatement
Civil Cassation, Section VI, Interlocutory Order, no. 14777 of May 27, 2021
How new EU rules can give Italy’s right to disconnect more teeth
Published on «International Employment Lawyer» May 20th, 2021 – Sharon Reilly
Waiver of notice by an employee is not valid as regards social security contributions due to INPS
Contributions are due on the indemnity in lieu of notice regardless of actual payment and waiver by the worker
Court of Cassation Ruling 13 May 2021, no. 12932
When is a director of a limited company also an employee of same?
The position of director of a limited company is compatible with the status of employee of the same, where it is ascertained, in practice, the performance of duties other than those of a director, which are subject to the company’s hierarchical and disciplinary regime.
Court of Cassation, Taxation Section, Judgement 20 April 2021 no. 10308
Dismissal for serious violations while driving company car is legitimate
Court of Cassation, Employment Section, Judgement 7 April 2021, no. 9304
Serious violation of the highway code while driving a company car constitutes grounds for dismissal for just cause – albeit reasons unrelated to the job.
Economic dismissal: always reinstatement when the fact underlying the dismissal is manifestly unfounded
The Constitutional Court finds that the question of constitutionality raised with reference to Article 18(7)(2) of Law no. 300/1970, as amended by the Fornero reform, is well-founded.
Constitutional Court, 1 April 2021, no. 59
Collective redundancy: scope of application of the selection criteria
An employer may not limit the choice of workers to be made redundant only to employees assigned to the department to be abolished or downsized, if they are qualified to do the jobs of colleagues in other departments
Supreme Court, employment section, 2 March 2021, no. 5647