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Case Law

Insights

Maximum number of sickness absence days: the months are calculated as being of 30 days

The Court of appeal of Milan, with judgement No. 890 dated 6 April 2017, ruled once again on the maximum number of sickness absence days whenever it is…

Insights

Unfair dismissal: the indemnity paid to the unfairly dismissed manager must be taxed

The Lombardy Territorial Court, with judgement No. 33/33/17, confirmed that the indemnity paid to a manager consequently to unfair dismissal challenged judicially and settled (the Industry Executives National…

Insights

Minutes of the conciliation meeting: voided if the worker has been deceived

The Court of Cassation, with judgement No. 8260 dated 30 March 2017, reforming the judgement of the Court of Appeal with jurisdiction in the territory, accepted the complaints…

Insights

Dismissal is acceptable if exceeding the protected period is due to another illness

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected…

Insights

Court of Cassation: dismissal of working mothers is void

The Court of Cassation, with judgement No. 475, filed on 11 January 2017, intervened in the matter of dismissal of working mothers, stating once again that dismissal ordered…

Insights

Court of Milan: growing protection, voiding of the probation clause does not imply reintegration

The Court of Milan, with judgement No. 730 dated 8 April 2017, ruled again on the matter of applicable protection in the event of a voided probation clause…

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Disciplinary dismissal: double checking by the judge

The Court of Cassation, with judgement No. 7166 dated 21 March 2017 has once again deliberated on the subject matter of disciplinary dismissal. In this specific case, the…

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The “new” 2103 of the Italian Civil Code: Stricter repêchage obligation

The Court of Milan, with judgement No. 3370, filed on 16 December 2016, has stated that the employer, in case of dismissal for financial reasons, in verifying whether…

Insights

Unlawful dismissal for reduction of costs if the employer does not demonstrate the effectiveness of the downsizing

The Court of Cassation with judgement No. 5323 dated 2 March 2017, expressed once again its opinion on the lawfulness of dismissal for objective just cause in order…

Insights

Retrocession to the Client of the contracted company may mean a corporate transfer as per article 2112 of the Italian Civil Code

The Court of Cassation, with judgement No. 6770 of 15 March 2017, overturned the decision of the Court of Appeal of Rome establishing a contraris that, the retrocession…

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