ITA 
The tenuousness of the damage does not exclude just cause for dismissal
Published on Sole24Ore – Nt Lavoro – on 06/02/2024. The gravity of the act charged does not depend on the value of the employer's damage. In fact, the conduct of the employee must be assessed considering the value it may assume with respect to his future conduct, as well as its suitability to cast doubt...
Lawful dismissal of employee who works elsewhere while on sick leave
Published on Sole24Ore – Nt Lavoro – on 31/01/2024. The performance of work activity for third parties during the sick leave constitutes...
Dismissal of the employee who reports the employer in bad faith
«Reporting the employer is lawful as long as the employee does not act being aware of the employer’s innocence».
All NCBAs minimum salary are subject to judicial review for compliance with Article 36 Const.
Published on Sole24Ore - Nt Lavoro - on 13/10/2023. The fact that the remuneration paid is provided by the National Collective Bargaining Agreement (NCBA)...
Unused vacation leave can be used to interrupt the illness protected period
“The employee on sick leave is entitled to apply for the accrued and unused vacation leave, for the purpose of interrupt the illness protected period, since there is no incompatibility between illness and vacation leave. However, this right does not imply an obligation for the employer to accept the request.
Unlawful business transfer: prior to judgment, compensation after notice of default
Published on Sole24Ore – NT Lavoro – on 13/03/2023 A transfer of a branch of a business was declared unlawful, and the transferor was ordered to pay the transferred employee compensation for the invalid transfer and the salary differences accrued after the transfer. According to the Court of Appeal, the retributive nature...
The suspension of the obligation to hire disabled workers does not allow to dismiss them
Published on Sole24Ore – NT Lavoro – on 06/12/2022 While the suspension of hiring obligations allows the employer not to hire workers in order to maintain or supplement the mandatory quota provided by law, it does not legitimise the dismissal of disabled workers.
Thus, the Court of Cassation with its judgment no. 35035/2022.
Buyer responsible for unlawful dismissals served by the seller, before the transfer of the company
Published on Sole24Ore – NT Lavoro – 18/11/2022 The case examinated by the Court of Cassation with the judgement no. 33492 of 14th November 2022 originates from a collective redundancy procedure started for company crisis initiated due to company crisis, which ended with a union agreement acknowledging the company's intention to dismiss all the employees...
Non-compete covenant: the variable compensation does not automatically invalidate the agreement
Published on Sole24Ore – NT Lavoro – on 15/11/2022. The variability of the payment of the non- compete covenant with respect to the duration of the employment does not mean that it is not determinable on the basis of objective parameters, whereas the question of nullity on the grounds of the indefiniteness or indeterminability of the payment (Article 1346...
Unique center of interests: the collective dismissal must involve all the employees
Published on Sole24Ore – NT Lavoro – on 10/11/2022. Where there is in fact a single employer between several companies, the collective dismissal procedure must involve all the employees of the single company complex resulting from that integration, event in the absence of proof of the mixed usage of the activities of the employees dismissed.