Italian Supreme Court: on trade union information and consultation obligations even in the absence of a CCNL

By judgment No. 25178/2026, published on 10 September 2026, the Labour Section of the Italian Supreme Court ruled on the applicability of Legislative Decree No. 25 of 6 February 2007 to an undertaking that does not adhere to any collective agreement establishing the arrangements for the information and consultation of workers covered by that decree.

The Court clarified that the aforementioned decree already contains the minimum core of the information and consultation obligations, which are therefore mandatory in nature, whereas the reference to collective bargaining provided for therein concerns only the determination of the arrangements for their performance.

It follows that an employer that applies no collective agreement is not, for that reason alone, exempt from the legal obligation; a different interpretation would allow the employer to neutralize obligations laid down by law in implementation of European Union law.

To access the decision, click here.