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Case Law

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Cameras in the company: workers’ consent is insufficient

The Court of Appeal, Penal Section, with sentence 50919 of 17 December 2019, confirmed that the installation of video-surveillance systems, resulting in the remote control of workers' activities,…

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Replacements and shift work: the professional is not self-employed

The Court of Cassation, under order 23520 dated 20 September 2019, confirmed that the professional, when performing the service in a manner and time frame established by the…

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Illegality of the dismissal of the mandatorily employed worker

The Court of Cassation, under ruling no. 26029 dated 15 October 2019, clarified that, in the context of a collective procedure for reducing staff numbers, the dismissal of…

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The employer must prove the national collective bargaining agreement that it considers applying

The Court of Cassation, under ruling no. 22367/2019, reiterated a well-established view that, although the choice of the type of applicable national collective bargaining agreement is a matter…

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The contract in which the customer carries out a control system on the work activity with automated tools is unlawful

The Court of Padua, under ruling no. 550 of July 16, 2019, addressed the issue of employment based on the concept of hetero-direction of work in the light…

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The unilateral termination of the contract by the employer before its expiry is unlawful

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date…

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Lack of unjustified tax inspection in the event of non-urgency

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated…

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Accident of the undeclared worker: liability of the employer and the company

The Court of Cassation, Fourth Criminal Section, with sentence no. 35934 of 9 August 2019 addressed the case of an accident involving an “off-the-books” worker. The Court of…

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Milan Court of Appeals: non-competition agreement and option clause in favour of the employer

The Court of Appeals of Milan, with sentence 908 of 2 September 2019, addressed the issue of the validity of the non-competition agreement subject to the right of…

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The company may not unilaterally withdraw from the National Collective Labour Agreement before its expiry date

The Court of Cassation, in judgement 21357/2019, stated that a company cannot unilaterally withdraw from the collective agreement signed by the employers' association to which it adhered before…

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