Insights

With its order no. 28606/2021, the Court of Cassation returned to the issue of leave under Law no. 104/1992, stating that the requesting employee must guarantee continuous and global assistance to the disabled family member, although they may devote a limited time to their personal needs during the leave. If the causal link between the ....

With its ruling no. 33809 of 12 November 2021, the Court of Cassation stated that an employee who deletes or transfers company data outside is engaging in disciplinary conduct and a civil and criminal offence. The employer may legitimately acquire and produce the private correspondence found after the Company’s personal computer is returned and present ....

On 25 November 2021, the Chamber of Deputies definitively approved the bill that provides for a delegation to the Government for the civil procedure efficiency and the discipline revision of the alternative methods for dispute resolution and a series of urgent measures for procedure optimisation in the personal and family rights and enforcement fields. As ....

The Court of Cassation, in ruling no. 29919 of 25 October 2021, clarified that a business branch transfer under Art. 2112 of the Italian Civil Code, is when a transferred branch is functionally independent, i.e. at the time of transfer, it (i) can provide for a production purpose with its own functional and organisational means ....

With its order no. 32506 of 8 November 2021, the Court of Cassation addressed the issue of judicial review of the technical, organisational and production reasons underlying transfers under art. 2103 of the Italian Civil Code. The case in question arose from an employee’s legal application for a declaration of the unlawfulness of the transfer ....