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
Case ref: Court of Cassation, employment section, order no. 9790 of 26 May 2020
Case ref: Court of Cassation, employment section, order no. 9790 of 26 May 2020
Probationary period and duration limits
Legitimacy of the probationary period that exceeds the maximum duration provided for in the national collective bargaining agreement (NCBA)
Case ref: Court of Cassation, Employment Section, Order No 9789 of 26 May 2020
Case ref: Court of Cassation, Employment Section, Order No 9789 of 26 May 2020
CIGS: effects of late application according to the Constitutional Court
Constitutional Court confirms constitutional legitimacy of Article 25(3) of Legislative Decree 148/2015 on the sanctioning of late submission of the CIGS application
Case ref: Constitutional Court judgment no. 90 of 15 May 2020
INAIL (National Institute for Insurance against Accidents at Work) and indemnifiable illnesses
Not only the specific risk, but also the so-called “improper“ risk, can be compensated too.
Case ref: Court of Cassation, Ordinance No 8948 of 14 May 2020
Safety at work and delegation of the prevention obligations
Safety at work: requirements for the valid delegation of the prevention, insurance and surveillance obligations.
Case ref: Court of Cassation, Criminal Section, 20 February 2020, no. 6564
Case ref: Court of Cassation, Criminal Section, 20 February 2020, no. 6564
Same conduct, different sanctions
It is legitimate to impose different disciplinary sanctions on employees for the same misbehavior.
Case ref: Court of Cassation, Employment Section, 7 May 2020, no. 8621
Case ref: Court of Cassation, Employment Section, 7 May 2020, no. 8621
Is the employer obliged to grant smart working at the employee’s request? [Spoiler: NO]
The Tribunal of Grosseto ordered a private employer to grant “agile work” to the employee who had requested it.
Case ref: Court order of 23 April 2020, Tribunal of Grosseto
Case ref: Court order of 23 April 2020, Tribunal of Grosseto
Incomplete letter of complaint and disciplinary dismissal
When some charges have not previously been challenged and then mentioned within the dismissal letter, it constitutes «non-existence of the disputed facts».
Case ref: Court of Cassation, Employment Section, Judgment no. 4879 of 24 February 2020
Case ref: Court of Cassation, Employment Section, Judgment no. 4879 of 24 February 2020
Employees and Company files
The misappropriation by an employee of company computer data (files) is considered embezzlement
Case ref: Court of Cassation, Criminal Section, Judgment no. 11959 of 10 April 2020
Case ref: Court of Cassation, Criminal Section, Judgment no. 11959 of 10 April 2020
Overalls time
Time spent donning and doffing of Personal Protective Equipment (PPE): paid or unpaid?