ITA 
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...
Inadmissible the witness proof on the dismissal letter
Published on Sole24Ore – NT Lavoro – on 14/09/2022. The way in which the dismissal is communicated cannot be the subject of witness proof, since it is an act for which the written form ad substantiam is required.
Thus, the Court of cassation with its judgment no. 26532/2022.
T.U.P.E. law provisions for company in crisis
Published on – Sole24Ore – NT Lavoro – on il 30/08/2022. In the event of the transfer of a company in crisis, the Association union’s agreement may derogate from Article 2112 of the Civil Code without prejudice to the obligation to transfer all employees in the event of continuation or non-termination of the activity. Thus, the Court of cassation with its judgment no. 25055 of 22 August 2022.
Lawful the dismissal notified indirectly
Published on Sole24Ore – NT Lavoro – on 29/08/2022. The intention to dismiss can be communicated to the employee indirectly, since there is no burden on the employer to adopt sacramental formulas.
Thus, the Court of cassation with its judgment no. 24391 of 5 August 2022.
Union authorization to transfer the public manager
Published on Sole24Ore – NT Lavoro – on 05/07/2022. The transfer of a public executive ordered without the prior authorisation of the Association Union to which he belongs, even in the presence of situations of environmental incompatibility capable of justifying the transfer pursuant to Article 2103 of the Civil Code, is anti-union.
Data Privacy protections for all kind of employment relationships
Published on Sole24Ore - NT Lavoro - on 20/05/2022. Data processing carried out using information technology must comply with respect for the rights, fundamental freedoms and dignity of the data subject, regardless of the type of contract governing the employment relationship.
Employer can change the working time to full-time employees
The limits on the right to modify working hours provided for part-timers do not apply to full-time employees. In such a case, the right may be limited only by agreements.
Court of Cassation, Order No. 31349 of 03 November 2021.
Achievement of pension requirements and consequences on the employment relationship
The achievement of the pension requirements allows the termination ad nutum of the employment relationship and not its automatic termination.
The case originates from the court claim filed by an employee dismissed as part of a collective dismissal procedure
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