DLP Insights

Court of Cassation: the damage for voluntary overwork does not occur (Il Sole 24 Ore, June 10, 2013, page 31)

Categories: DLP Insights, Case Law

14 Jun 2013
The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because the employee has the right to refuse the performances that may cause a detriment of health. The said principle is also applicable to Dirigenti, who have high level of autonomy in organization of their work and their rhythms. This principle is stated by the Court of Cassation with sentence no. 12725 of last May 23.

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