ITA 
Commercial agency and withdrawal for just cause
The right to withdraw for just cause pursuant to art. 2119 of the Civil Code also applies to agency contracts, bearing in mind, however, that the fiduciary relationship in such contracts assumes greater weight compared to subordinate employment.
Court of Cassation, employment section, judgement no. 6915 of 11 March 2021
European Court of Justice (ECJ): stand-by time and working time
A period during which an employee is on call or on standby constitutes working time only if the constraints imposed significantly affect his ability to manage his leisure time during that period.
ECJ Judgment 9 March 2021 docket no. C-580/19
A year on from Italy’s blanket redundancy ban
Published on «International Employment Lawyer» March 11th, 2021 – Sharon Reilly
Straining and compensation
Il datore è obbligato a risarcire il danno alla salute cagionato da una condotta di «aggressiva sfiducia»
Corte di Cassazione, sez. lav., 2 marzo 2021 n. 5639
Il caso trae origine dal ricorso di un docente nei confronti della scuola media statale presso la quale prestava servizio e del Ministero dell’istruzione, dell’università e della ricerca, accolto dal Tribunale che accertava la...
The so-called three-phase path for correct job classification
In determining the classification of a worker we cannot ignore the so-called three-phase process.
Court of Cassation, Employment Section, Judgement 8 February 2021, no. 2972
The NCBA with an extension clause “until the new NCBA is signed” is not to be considered open-ended
The expression “until the new National Collective Bargaining Agreement is signed” indicates the willingness of the parties to the contract to be bound by it until further negotiation and signing. The intent to express a final term is, therefore, clearly stated by the contracting parties.
Court of Cassation, employment section, judgement no. 3672 of February 12, 2021
Compensation for non-pecuniary damages due to demotion does not constitute taxable income
Compensation for damage to the professionalism of the worker does not constitute taxable income. It is, in fact, an injury that falls within emerging damage and not in the loss of profit
Court of Cassation, Employment Section, Judgement no. 2472 of February 3, 2021
The organizational reasons that determine dismissal for “economic” reasons
The reason inherent in the production activity referred to in art. 3 law no. 604 of 1966 is that which determines an effective downsizing of a unit where staff are employed in a clearly identified job, regardless of the existence of unfavorable economic conditions or recession.
Court of Cassation, Employment Section, Judgement no. 1514 of 25 January 2021
Demotion and constructive dismissal
Court of Cassation, Employment Section, Judgement no. 811 of 19th January 2021
The potential damage of assigning duties that are assumed to be lower, must be measured with regard to the context in which such demotion comes into play.
Trade union agreement pursuant to art. 4(11) of Law 223/1991
A worker, who in adhering to the union agreement accepts a demotion, cannot be dismissed
Court of Cassation, employment section, judgment no. 701 of 18th January 2021