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Case Law

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The unilateral verbal withdrawal from a collective agreement is legitimate

In Judgment no. 2600 of 2 February 2018, the Court of Cassation reiterated that if the signatory parties to a second-level collective agreement have not expressly provided for…

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The burden of proving the achievement of the objectives to receive payment of the related bonus rests on the employee

In Judgment no. 1712/2017, the Milan Court of Appeal has dealt with the issue of the omission by the employer of the annual objectives linked to the payment…

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Punitive consequences for late claims

The Court of Cassation in its Plenary Sitting, with judgement No. 30985/2017 resolved a conflict of case-law regarding the penalty in the case of disciplinary dismissal affected by…

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Dismissal ordered by e-mail is lawful

The Court of Cassation, with judgement No. 29753/2017, ruled on the lawfulness of a dismissal issued by e-mail. In particular, the Court, through a literal interpretation of the…

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Indemnification only if the reason for dismissal is lacking

The Court of Cassation, with judgement No. 331 published on 10 January 2018, ruled once again on the penalties related to a dismissal for just cause deemed unlawful.…

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Unlawful dismissal due to a brawl outside the company’s premises

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with…

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Refusal of service is justified only in the case of serious default by the employer

 The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to…

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Change in working hours: no anti-union behaviour in case of implementing an agreement already reached between management and labour

The Court of Cassation, with judgement No. 88 dated 4 January 2018, ruled that an employer's decision to change working hours without consulting the trade union delegation but…

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Contributions due to the transaction if connected to the employment relationship

The Court of Cassation, with judgement No. 27933 dated 23 November 2017, returned to issue its ruling on the issue concerning the taxation applicability of the amounts paid…

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Dismissal justified by objective reasons: redistribution of tasks and increase in profits

The Court of Cassation, with its judgement No. 29238 dated 6 December 2017, ruled once again on the legitimacy of dismissal due to removal of the job position…

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