Case Law

The Court of Justice of the European Union, with sentence no. C-422/14 of 11 November 2015, intervened on two central points of the European directive on collective redundancies (98/59/EC). In this case (i) the calculation criteria for company size which makes the law governing collective redundancies applicable and (ii) the notion of redundancy useful for ....

With its ruling the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to independent contractors to be correct. This is due to the general scope of the principle it is based on, according to which the immediate withdrawal from the ....

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no. 81/2015 implementing the Jobs Act, providing its interpretation on the matter. According to the Court job downgrading constitutes a type of “permanent illegality”, which is implemented and ....

The Court of Appeals of Milan, Labor Section, with its ruling, rejected the appeal submitted by a temporary worker of our Client, who had challenged the temporary work contract requesting, inter alia, verification of (i) the nullity and/or illegalness and/or ineffectiveness of the termination date set in the contract and (ii) the existence of open ....

With its ruling no. 18165 of 16 September 2015, The Court of Cassation recognized an executive position for a credit manager who, despite the lack of formal assignment of such position by top management, performed executive duties. These duties were characterized by the proposal, with broad decision-making powers, to one or more services, which put ....