In brief
This publication features the latest developments in Italy's employment sector.
Key takeaways
- New laws and regulations
- New whistleblowing guidelines from the National Anti-Corruption Authority
- Case law developments
- A cohabiting partner is entitled to extraordinary leave to assist a person with severe disabilities
- Staff leasing must have a reasonable duration
- An employee is entitled to reinstatement if the alleged misconduct is punishable with a conservative disciplinary sanction under company regulations
In more detail
New laws and regulations
New whistleblowing guidelines from the National Anti-Corruption Authority
On 26 November 2025, the National Anti-Corruption Authority (so-called ANAC) published updated Guidelines on whistleblowing channels and procedure. For further details, we invite you to consult the summary sheet here.
Case law developments
A cohabiting partner is entitled to extraordinary leave to assist a person with severe disabilities
The Italian Constitutional Court declared the provision that excluded a cohabiting partner from the right to extraordinary leave to assist a person with severe disabilities as being contrary to the Constitution. According to the Court, the law was contradictory: it aimed at guaranteeing family assistance to the disabled person but denied this possibility to a partner, disregarding the existence of a stable emotional relationship based on mutual care and support. Cohabitation, although different from marriage, is a form of family life that contributes to personal development and is therefore deserving of protection, on the same terms as a cohabiting spouse.
Staff leasing must have a reasonable duration
A territorial Court confirmed that staff leasing must be temporary by definition. In a recent case, a worker had been employed for more than four years by the same company under a staffing contract entered into with a work agency (initially fixed-term and later converted into an open-ended arrangement). During this period, the worker always performed the same duties. By making reference to EU law, which prohibits the repeated use of assignments, the Court declared the staff leasing arrangement unlawful and established an open-ended employment relationship with the user, clarifying that the temporary nature of the assignment remains a structural and indispensable element of staff leasing.
An employee is entitled to reinstatement if the alleged misconduct is punishable with a conservative disciplinary sanction under company regulations
The Italian Supreme Court held that, in the event of a disciplinary case, dismissal is unlawful when the alleged conduct falls among those punishable with a so-called conservative disciplinary sanction (in essence, all those except dismissal) under the provisions of the applicable national collective bargaining agreement and company regulations. In a recent case, an employee was dismissed due to consumption of food at the end of their shift, in breach of internal COVID-19-related rules. The judge classified the conduct as a mere failure to comply with hygiene and sanitary rules governing food consumption. Under the company's regulations, this type of conduct was only subject to a conservative sanction, and the judge therefore ascertained the employee's right to reinstatement.