LABOUR | The Italian Supreme Court on (no) subordination for lawyers in Law Firms

On 8 October 2024, the Italian Supreme Court (Corte di Cassazione) issued its judgment in case No. 28274/2024, rejecting the claim of an attorney who sought recognition of employee protection regarding termination within an associated law firm. The Court emphasised that registered attorneys are prohibited from providing services in a subordinate employment form, reinforcing the principle of independent professional status. The judgment dismissed arguments suggesting subordination, noting that restrictions on exclusivity serve to avoid conflicts of interest rather than to establish hierarchical control by partners. The Court also highlighted that the obligation for firm members to coordinate in case management reflects the collaborative nature of an associated practice, not a subordinate role. Moreover, it ruled that arrangements for collective holiday planning and shared financial benefits do not constitute subordinate employment. Instead, these measures were viewed as supporting organisational efficiency and fostering continuity in the firm’s professional services.

Newsletter n. 101 – November 2024