An overview of resignation by conclusive conduct in Italy, between legislative changes, Ministry guidance and diverging case law, with practical insights for employers.
Recent guidance from the Ministry and the Court on resignations during probation, and parents of children under three or pregnant workers.
Supreme Court ruling No. 24416 of 02/09/25 confirms that waiving notice pay cannot be opposed to INPS and contributions remain due.
Court of Cassation judgment no. 24052/2024 establishes that rigidly applying the sick leave period provided by the CCNL to employees with disabilities constitutes indirect discrimination, rendering the dismissal unlawful, and emphasizes the employer’s obligation to adopt ‘reasonable accommodations’ in case of disability.
Court of Cassation confirms: employees can be fired for defamatory Facebook posts, but privacy-violating evidence isn’t admissible.
La sentenza n. 30462/2023 della Corte di Cassazione conferma la legittimità del licenziamento per giusta causa del lavoratore che abusa dei permessi previsti dalla Legge 104/1992.