DLP Insights

Court of Cassation: new requirements for damages and limited retroactivity

Categories: DLP Insights, Case Law

22 Apr 2011
Court of Cassation focuses on the so called “Collegato Lavoro” and, in particular, on Article 32, paragraphs 5, 6 and 7, which set damages in a range included between a minimum of 2,5 to a maximum of 12 monthly wage calculated on the last global remuneration in favour of employees, in case of transformation of the fixed-term employment contract. In particular, the Supreme Court, with sentence no. 6633/2011, stated that provisions under Article 32 are not enforced in pending proceedings where, among challenging reasons, there is no express claim on the economic impact of the nullity regarding term of the fixed-term contract. In fact, the sentence clarifies that, in order to enforce the current law to a legal proceeding still pending, it is necessary that one of the challenging reasons concerns – indirectly at least –the issue involving the new law provisions of “Collegato Lavoro” on the economic consequences arising from the nullity of the clause which set the term of the employment.

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