Case Law

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 ....

In its judgment No. 61496, handed down on 12 January 2016, the European Court of Human Rights considered the dismissal served on an employee who, during working hours, had sent messages to own relatives from the email account given to him for doing his work, thus infringing the internal rules prohibiting the use for private ....

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 ....

With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned, when an employee informs the employer to opt for the indemnity in lieu of reinstatement, the employment will be terminated. This will apply even if the employer ....