Insights

In Judgment No. 23381, entered on 3 November 2014, the Court of Cassation held that it is permissible to provide for a new probation period under a second employment contract concluded between the same parties for the same job, where the called-for probation is designed to meet the needs of a more complete evaluation about the employee’s personal and not just professional aptitudes in relation to the definitive nature of the responsibilities assigned to him.

In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay civil penalties on social insurance contributions owed by the employer in the case of unlawful redundancy.

The European law, which was just adopted by Parliament, has taken into account the judgment of the Court of Justice of the European Union of last 13 February (Case C-596/12), where the Court held that Law 223/1991 was invalid to the extent that is excluded the obligation to comply with the procedure for staff reductions with respect to managers.

As a result of the European law just adopted by Parliament, which sets forth how the procedures concerning collective redundancies are to be applied to managers, the rules and practices to be followed in this regard have changed considerably.

In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the same cause of action is also applicable to labour relations, including disciplinary proceedings taken against workers.