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Case Law

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Full matching between the disputed charge and the reasons for the disciplinary dismissal is required

The Court of Cassation with ruling No. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings…

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A dismissal for justified objective reasons is lawful even if the employer makes use of external resources and overtime work

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee…

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Reclassification of apprenticeships? Possible if there is a breach of training obligations

The Court of Cassation, with ruling No. 16571/2018 has once again returned  – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on…

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A demerger to avoid the regulations on collective dismissal is against the law

With two “twin” rulings (No. 19863 and No.  20620, the latter filed on 7 August), the Court of Cassation had the opportunity to express its opinion on the…

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Dismissal for justified objective reasons: indemnification protection in the case of violation of the selection criteria

The Court of Cassation, with judgement No. 19732 dated 25 July 2018, confirmed that in the case of dismissal for justified objective reasons, the selection of the employee,…

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Fixed term contract: the indemnification protection covers only periods not actually worked

The Court of Cassation, with judgement No. 17248 dated 2 July 2018, faced the matter of the protection of employees when in the presence of a series of…

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Work activity while on sick leave: dismissal is legitimate only if work delays healing

The Court of Cassation, with judgement No. 17514 dated 4 July 2018, deemed justified the disciplinary dismissal ordered to a bus driver of a private rental company who,…

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Even for the Court of Milan food-riders are self-employed

The “battle” on the type of employment relationship of the so-called riders in the age of the gig economy continues. A few months after the judgement issued by…

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Dismissal for justified objective reasons: legal prerequisites and penalties

The Court of Cassation, with judgement dated 25 June 2018 No. 16702, issued a new ruling on the dismissal for justified objective reasons and related penalty consequences. In…

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The control aimed at protecting the company’s assets and image does not breach article 4 of the Workers’ Statute

With its judgment No. 13266 of 28 May 2018, the Court of Cassation has declared the lawfulness of a disciplinary dismissal served on an employee for having used…

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