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Case Law

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An employer can monitor its employee’s corporate email account

The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of…

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Imposing the use of vacation leave may be lawful

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to…

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Ancillary criteria for the qualification of a labour relationship as employment

The Court of Cassation, with judgement No. 23846 filed on 11 October 2017, intervened on the qualification of a self-employment relationship as employment. In the specific case, the…

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Disciplinary proceedings: The employer is not obligated to submit corporate documentation.

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one…

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Change of residence not notified: notification at the old address is valid

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee's old address of residence is…

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Top manager and substitutive allowance for vacation days

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if…

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Dismissal ordered for those who copy confidential corporate data is legitimate

The Court of Cassation, with judgement No. 25147/2017, stated that dismissal of an employee who copies confidential corporate data on a personal pen drive, without the employer authorisation,…

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A settlement agreement must provide for specific waivers

With its judgement no. 20976/2017, the Court of Cassation maintained that a provision signed by the parties at the time of the early termination of employment, whereby an…

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Working while on sick leave does not legitimize dismissal at all times

With its judgement no. 21667 of 19 September 2017, the Court of Cassation has maintained that an employee performing a work activity while on sick leave does not…

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A letter of transfer signed in acceptance thereof is valid

With its judgement no. 609/2017, the Court of Milan, acting as Labour Court, has ruled on the issue of the validity of a letter of transfer signed in…

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