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Employee who wrongfully uses union leave liable for dismissal

A recent Supreme Court order (26198/2022) ruled that it is lawful to dismiss an employee who takes union leave to actually engage in personal activities.Of no relevance, according to the Supreme Court, is the fact that the collective bargaining agreement applicable to the employment relationship in question provides for dismissal for unjustified absences of more […]

Compatibility of employment with the office of director in corporations

In its judgment No. 2487 of Jan. 27, 2022, the Supreme Court of Cassation returned to pronounce on the possible coexistence of a subordinate employment relationship and a management relationship between a corporation and a person (at the same time, employee and director).Indeed, the issue has been addressed not only by the jurisprudence of legitimacy, […]

Vaccination requirement for those over 50 and labor relations

The decree law approved by the Council of Ministers on January 5, 2021, imposed mandatory vaccination for all citizens (Italian, EU, or foreign) who have reached the age of 50 and are not in possession of any certification, issued by a general practitioner or vaccination doctor, attesting to an established health hazard in the event […]

Failure to provide labor documentation to INL does not always constitute a crime

The Third Criminal Section of the Supreme Court, in ruling no. 46032 of Dec. 16, 2021, reiterated what the boundaries are for the crime of failure to respond to requests for information from the National Labor Inspectorate. Some hints should be premised that pertain to the discipline in question, which is regulated in Art. 4 […]