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In brief

According to a recent ruling from the Italian Supreme Court, trade union representatives cannot be subject to disciplinary sanctions if they demand compliance with COVID-19 health and safety rules at the workplace.


In the case ruled on, the Court deemed unlawful the suspension from work of a trade union representative, which occurred after he repeatedly demanded the employer’s compliance with mandatory COVID-19 health and safety rules. According to the Court, the disciplinary sanction was used to intimidate and punish the union representative from performing his duties and frustrating the effectiveness of his activity as a representative of the employees’ interests.


This is part of the Employment newsletter. Click here to read it.

Author

Massimiliano (Max) Biolchini joined Baker McKenzie in January 1999. He became a local partner in the Milan office in 2004 and was elected partner in 2011. He is the Head of the Italian Employment Law Practice and is member of the Steering Committee of the EMEA Employment Practice Group. He advises clients on all aspects of labor and employment law. He regularly contributes to the employment section of the prestigious Italian business newspaper Il Sole 24 Ore.

Author

Uberto Percivalle is a partner in the Firm’s Milan office, where he has practiced since 1990. He focuses on employment law.

Author

Antonio Luigi Vicoli is counsel in the Employment & Compensation Practice Group of Baker McKenzie Italian offices. He is a multilingual lawyer with English proficiency. Antonio is professionally qualified under the laws of Italy and admitted to practice in Italy, enrolled with the Lawyers’ Bar of Milan.