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Case Law

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Dismissal for irregularities in the reimbursement of expenses is legitimate, even if the employer only makes a formal complaint after one year

On  6 April 2020, the Supreme Court of Cassation handed down judgment No. 7703 on the legitimacy of a dismissal for just cause based on irregularities found in…

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The “remote working” rights of disabled employees

The Court of Bologna, in its judgment No. 2759 of 23 April 2020, clarified the correct application and scope of Article 39 of Decree Law 17/2020 (so-called “Cura…

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Just cause for dismissal not considering the characterisation contained in the collective contract

The Court of Cassation, with its ruling no. 7567 of 27 March 2020, observed that in the case of just cause the judge is required to verify the…

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Dismissal for just cause and reintegration protection

The Court of Cassation, with the sentence no. 4879 of 24 February 2020 confirmed that the reinstatement protection provided by article 18, paragraph 4 of Law 300/1970 in…

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Reinstated but inactive worker: compensation for personal injury is lawful

The Italian Cassation Court with its sentence 6750 of 10 March 2020, observed that an employer who demoted and left inactive a worker reintegrated following a ruling of…

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Regularity of contributions for the posted employee holding the A1 certificate

The territorially competent Court, by judgment No. 106/2019 published on 3 February 2020, stated that the existence of A1 certificates creates a presumption of regularity of contributions of…

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Disciplinary procedure: illness does not justify the inability to attend the requested oral hearing

The Court of Cassation, in its judgment No. 980 of 17 January 2020, clarified that, in the context of disciplinary proceedings, the state of illness cannot in itself…

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Leave under Law No. 104 does not have a compensatory or restorative function for the energy used by the worker for the assistance provided: dismissal for just cause is lawful

The Court of Cassation, with judgment No. 1394 filed on 22 January 2020, once again drew attention to the use and potential abuse of leave to assist disabled…

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Connected work law: the double time limit for expiry does not apply to the dismissal of the manager

The Court of Cassation, in its ruling 395/2020, affirmed that the double time limit for expiry introduced by the Connected Work Law in relation to the invalidity of…

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The repêchage obligation also exists in the event of collective redundancy and trade union agreement

The Court of Cassation, with order no. 118 of 7 January 2020, on the subject of collective redundancy, stated, recalling its own consolidated case law, that the choice…

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