Publications

In its ruling no. 1018/2022, published on 20 April 2022, Court of Milan Judge Franco Caroleo, confirmed case law, by recognising the existence of an employment relationship between a rider and a well-known food delivery platform. The ruling recognised the worker a sixth level classification and related remuneration under the Commercial National Collective Labour Agreement ....

The Court of Appeal of Rome established the subordinate nature of an employment relationship formally configured as self-employed work, declaring the employee’s right to compensation for pension differential damages under art. 2116 of the Italian Civil Code. for social security contributions never paid and which lapsed the statute of limitation. The Court specified that for ....

In ruling no. 95/2022, the Court of Vicenza held that the acceptance of a collective agreement may be tacit or by conduct, i.e., by actually applying its terms. Once a party can be said to have accepted the agreement, this is binding on such party. In the case at issue, three labour organisations had sued ....

In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....

In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....