Case Law

With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to perform new duties in a different company unit, when the employee in question complains that he/she is physically unsuitable for such duties without, however, providing written evidence ....

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This is a much-discussed issue, following the introduction of article 32 of Law No. 183/2010 (the so-called ‘Collegato Lavoro‘), both by law scholars and by case law. Even ....

With its judgments No. 1856 of 1 February 2016 and No. 1974 of 2 February 2016, the Court of Cassation has ruled on the existing distinction between agents and business procurers. In particular, the Court of Cassation has stated that the distinguishing features of an agency agreement are the continuity and stability of the activity ....

With its judgment No. 1350 of 26 January 2016, the Court of Cassation has held that a disciplinary sanction inflicted on an employee who, upon industrial unrest, had refused to substitute an absent colleague within a time frame outside normal working hours, regardless of an express obligation included in the trade-union agreement, is lawful. The ....

The long-awaited Decree of the Ministry of Labour and Social Policies of 15 December 2015 on the ways of communicating dismissals and any termination of the employment by mutual consent was published in Official Gazette No. 7 of 11 January 2016. The new procedure, as expressly provided for under article 26, paragraph 8, of Legislative ....