Case Law

The Court of Cassation, with reference to the agency contract, stated that the mere interruption of the working activity by the agent due to his detention status (in prison) is not a condition for the renunciation for good cause of the agency contract by the principal.

The Court of Milan, with the sentence of 23rd June 2010, confirmed its previous guideline of December 2005 stating that the variable compensation has not to be considered part of the so called “substantial salary” of employees, executives and freelancers.

The Court of Cassation confirmed that the expiration of a fixed-term employment contract could be extended one time only and as an exception.

The Court of Cassation hasn’t recognized that an accident so called “in itinere” occurred (and has denied the relevant restore) to a worker who used to go to work by motorcycle and not by public means of transport.

The Supreme Court, with the order no. 17720/2010, stated that the minutes of the social security institutions’ officials are to be considered as evidence of the circumstances that the officials certify as occurred in their presence, whereas, with reference to the other circumstances indicated, the probative material is valuable and appreciable by the judge.