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1. Staff Leasing: the court of Bari reiterates the limits to prolonged use<\/h2>\nThe Labour Law Department of Bacciardi Partners provides an in-depth analysis of key employment law issues. In this article, we review notable decisions issued by the Court of Bari, the Italian Supreme Court and the Court of Justice of the European Union.<\/p>\n
1. Staff Leasing: the court of Bari reiterates the limits to prolonged use<\/h2>\nIn judgment No. 3213 of 17 September 2025, the Court of Bari reaffirmed that the prolonged use of staff leasing may constitute an abusive practice aimed at circumventing workforce stabilisation requirements.<\/p>\n
In the case at hand, a disabled employee had been engaged for more than six years through consecutive staff leasing contracts with the same user company. The court held that continuous, non-temporary assignments undermine the very purpose of the instrument\u2014designed for genuine flexibility\u2014effectively resulting in a substantially permanent employment relationship that may be converted into an open-ended contract.<\/p>\n
The ruling requires companies to carefully assess both the duration and the underlying reasons for staff leasing assignments, ensuring that such arrangements are reserved for genuinely temporary needs.<\/p>\n
Improper use not only exposes employers to the risk of conversion into open-ended employment, but may also affect reputation, workplace climate and ESG compliance.<\/p>\n
In order No. 2206 of 22 September 2025, the Court of Bologna held that an employer may communicate directly with employees during union negotiations, provided that the information shared is transparent, neutral and free from intimidating or disparaging content.<\/p>\n
In that case, several trade unions challenged five letters sent by the employer to its workforce, claiming that the communications infringed trade union prerogatives. The court dismissed the claim, reaffirming the well-established principle that anti-union conduct must be assessed on a substantive basis: what matters is not the employer\u2019s intention, but the actual impact on trade union activity.<\/p>\n
The ruling clarified that an employer\u2019s right to provide information does not breach the Workers\u2019 Statute unless it causes concrete and measurable harm to trade union representation.<\/p>\n
Companies may maintain a direct communication channel with employees even during collective bargaining, provided that communications remain transparent, respectful and non-manipulative\u2014thereby strengthening certainty and stability in industrial relations.<\/p>\n
In judgment C-219\/24 of 12 June 2025, the Court of Justice of the European Union confirmed that a Member State may require employers to mandate vaccination for employees exposed to biological risks, as was the case for ambulance drivers in Tallinn, Estonia during the COVID-19 pandemic.<\/p>\n
The Court clarified that such a requirement does not fall within the scope of EU Directives 89\/391 and 2000\/54, nor does it constitute implementation of EU law. National legislation is therefore fully legitimate, particularly in light of the need to protect the health of employees, colleagues and the public.<\/p>\n
For positions involving high exposure to biological risks, employers may introduce vaccination requirements\u2014whether during employment or as a condition for access to work\u2014in compliance with national law and without infringing EU workplace safety principles.<\/p>\n
Would you like a tailored analysis for your organisation on any of these matters? Contact the Labour Team at Bacciardi Partners<\/a> for customised assistance.<\/p>\n Enzo Bacciardi<\/strong><\/a> \u2013 Founder & Head of Litigation The Labour Law Department of Bacciardi Partners provides an in-depth analysis of key employment law issues. In this article, we review notable decisions issued by the Court of Bari, the Italian Supreme Court and the Court of Justice of the European Union. 1. Staff Leasing: the court of Bari reiterates the limits to prolonged use […]<\/p>\n","protected":false},"author":8,"featured_media":30839,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[217,16],"tags":[],"acf":[],"yoast_head":"\n
\nMichele Sacchi<\/a><\/strong> \u2013 Of Counsel, Labour Law<\/p>\n\n<\/div>","protected":false},"excerpt":{"rendered":"