Case Law

With its order no. 11182 of 6 April 2022, and following case law, the Court of Cassation ruled that during collective agreement take overs, “in pejus” amendments for the employee are admissible except for the acquired rights. The employee claim to maintain rights arising from a collective rule that no longer exists must be excluded. ....

The Court of Bari, in its 6 April 2022 ruling, stated that the conciliation at the trade union under art. 411, third paragraph of the code of civil procedure, completed with the assistance of a union representative who did not belong to the union with which the worker was registered, invalidates the related waivers and ....

In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that – if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991 for the collective dismissal procedure does not correctly specify the criteria for the selection of the workers concerned, the procedure is unlawful and, consequently, the dismissal must ....

The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate, in the absence of prior authorisation from the trade union to which they belong, is ineffective and constitutes anti-union conduct.   Facts of the case  The decision stems ....

In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “‘by summation” requires specification of the days of absence due to illness, to which unjustified absences cannot be counted. Facts of the case An employee of the Udine Prefecture had challenged her ....