The Milan Court, Labour Section, with the ruling no. 862/2015, rejected the appeal submitted by a former employee of a Company we represent, who had applied to the aforesaid judge in order to obtain, inter alia, salary differences resulting from (i) recognition of a period of irregular work; (ii) recognition of a higher employment category; (iii) from having worked overtime and holidays.
Specifically, the Judge excluded every claim regarding salary differences because no complete proof had been reached regarding the hours of daytime and holiday overtime, the alleged irregular period and the higher employment category. On the last point the Judge confirming the objections contained in our defence brief, stated that (i) in the introductory act the claimed contractual levels were explained but the contractual declaratory judgement related to them was not reported; (ii) the plaintiff had not asked for application of the collective labour contract of which only an overview was attached (iii) none of the overview sheets attached to the appeal showed an indication of the base pay levels.
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