Abuse of Rights

8 April 2025

Podcast by Lawyers Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners

Abuse of Rights is a highly relevant issue that frequently arises in the dynamics between employers and employees, particularly in contexts involving the use of paid leave to care for disabled family members.

A typical example of abuse of rights occurs when an employee takes advantage of the leave provided under Law 104 of 1992, not to assist their disabled relative, but to carry out personal activities entirely unrelated to that purpose.

Starting from the Italian Supreme Court ruling of March 5, 2025, no. 5906, which upheld the dismissal for just cause of an employee who had committed such an abuse of rights, we will examine the circumstances, specific aspects, and both disciplinary and legal consequences for individuals who violate the lawful purpose of this benefit.

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Stefano Trifirò

Stefano Trifirò has gained experience in Employment Law and Commercial Law, advising leading Italian and foreign companies in the manufacturing sector and the Fashion Industry in important corporate reconstruction, social liquidation and consequent liability actions. Stefano also provides regular legal assistance to primary Companies, Manager and Executives before all Courts, including the higher ones such as Constitutional Court, European Court of Human Rights and Court of Justice of the European Union, as well as in arbitration proceedings in various issues, including the appeal of individual dismissals, liability actions pursuant to article 2087 of the Italian Civil Code, management issues with reference to articles 2393 and 2476 of the Italian Civil Code, appeal of resolutions of shareholders' meetings. He graduated from the University “Statale” of Milan. Stefano has been Attorney since 1991 and is the author of referred articles and notes for the main specialized journal and magazines such as Forbes, Il Corriere della Sera and Italia Oggi. He regularly participates as Speaker and Lecturer in conferences, seminars, webinars on Employment and Commercial Law. He is a contributor to the scientific publications of Trifirò & Partners, T&P news and annual highlights, dedicated to specific issues of Labour, Corporate, Banking and Insurance Law. Stefano has been a member of AGI - Italian Employment Lawyers Association - since its foundation.

Mariapaola Rovetta Arici

Mariapaola Rovetta Arici has gained experience in Employment Law, advising private and public companies operating in a wide-range sectors on both contentious and non-contentious matters including: contracts, transfers, individual dismissals, both for disciplinary reasons (managing the relative procedure) and for organizational reasons, contractual grading, demotion, mobbing and transfer of a company branch. She is the author of many articles and comments on judicial decisions and she contributes to the publications of Trifirò & Partners, T&P news and Highlights. She has participated and still does, in conferences and webinars, as a speaker, on issues of Employment Law and Sustainability and Social Responsibility within companies. She is a member of the Human Rights Commission of the Milan Bar Association. She is also a member of AGI - Italian Employment Lawyers Association

Jacopo Moretti

Jacopo Moretti has gained experience in Employment Law and provides legal assistance both before Court and out of Court, focusing on the management of employment relationships, contracts, agency, managerial and director relationships, individual and collective dismissals, company restructuring and Trade Union law. Jacopo regularly advises major Retail Banks, Private Banking, Insurance Companies and Asset management companies, among others, on remuneration policies, incentive and retention plans, golden parachutes, noncompetition agreements and unfair competition. After he graduated “cum laude” from the Catholic University of Milan “Sacro Cuore” he has been a doctoral researcher in Employment Law at the same University. Jacopo has been an Attorney since 2010 and has written many articles for leading specialized magazines and financial journals such as Bluerating, Private, Wealth and Corriere Economia. As an expert in the sector, he was involved by the Konrad Adenauer Foundation to provide his advice on the digital transformation of the legal profession in the Italian and European market. He regularly participates in the Forbes Private Banking Awards, an annual event that brings together leading top managers active in the Italian Private Banking and the Wealth Management industry.

Abuse of Rights

Stefano Trifirò

Mariapaola Rovetta Arici

Jacopo Moretti

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