DLP Insights

Court of Cassation: sanctions in case of conversion of a temporary staff leasing (Il Sole 24 ore, September 9, 2014, page 40)

Categories: DLP Insights, Case Law

12 Sep 2014
Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing. In the light of this, therefore, in case of conversion of a temporary staff leasing contract into an undetermined employment relationship, the employer is sentenced to pay an indemnity to the employee for an amount ranging from 2,5 and 12 monthly installments of the last overall compensation. According to the Court, the concept used by the legislator of the mentioned Law is not limited to the contract in the “classical” meaning, but includes further contracts concerning a temporary work performance.

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