LABOUR | Italian Supreme Court on employee information and consultation obligations and National Collective Bargaining Agreement

On 10 September 2026, the Italian Supreme Court issued judgment No. 25178, clarifying that employers, including foreign companies operating in Italy, must comply with employee information and consultation obligations even where they do not apply any National Collective Bargaining Agreement (the NCBA). The Court held that the obligations established by Legislative Decree No. 25 of 6 February 2007, implementing Commissioning Delegate Directive (EC) No. 14 of 13 October 2014, are mandatory and derive directly from the law. Employers falling within its scope must therefore ensure effective information and consultation with employee representatives and cannot rely on the absence of an applicable NCBA to avoid such obligations. While employers remain free to adopt procedures different from those provided under sector-wide NCBAs, these must ensure the effective exercise of employees’ statutory rights. The Court also clarified that an outright refusal to engage with trade unions, where it prevents compliance with these obligations, may constitute anti-union conduct under Article 28 of Law No. 300 of 20 May 1970.

Newsletter n. 121 – August/September 2026