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Case Law

Insights

Refusal to transform the employment relationship from full time to part time is evidence of a “repêchage” attempt

The Court of Cassation, with judgement No. 1499 dated 21 January 2019, confirmed the principle of law according to which, concerning dismissal due to justified objective grounds, it…

Insights

Dismissal based on a future corporate transfer is unlawful

The Court of Cassation, with judgement No. 3186 of 4 February 2019, stated that dismissal based on a future corporate transfer (through merger) with consequent unification of departments,…

Insights

Unlawful dismissal: compensation after the Constitutional Court’s ruling

  The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian].…

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Privacy and disciplinary procedures: employees have the right to access their own data

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the…

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“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time…

Insights

Carrying out different tasks during the probation period: in the case of withdrawal, the reintegration protection does not apply

The Labour Division of the Supreme Court of Cassation, with ruling no. 31159 published on 3 December 2018, stated that when carrying out different tasks from those established…

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Collective dismissal and selection criteria

The Labour Division of the Supreme Court of Cassation, with ruling no. 29377 dated 14 November 2018, deemed lawful, within the context of a collective dismissal - because…

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When is dismissing an employee on sick leave lawful?

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave.…

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Commission accrued by a “coordinator” agent should not to be included in the calculation of the termination indemnity payable under agency agreements

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an…

Insights

First disapplication of the increasing protections after the Constitutional Court’s ruling

On 26 September 2018, the Constitutional Court announced in a press release that it had declared art. 3 of Legislative Decree 23/15 (“Provisions governing open term increasing protections…

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