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Case Law

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Transfer of business even if in the case of sole transfer or personnel – applicability of the double limitation period of appeal upon formal communication

The Court of Busto Arsizio with judgement No. 264 dated 12 July 2016, stated that the law principle according to which a transfer of business pursuant to art.…

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Remote monitoring and safeguards established by the Workers’ Statute and by the Privacy Code

The Court of Cassation, with judgement No. 18302 dated 19 September 2016, stepped in to settle a dispute between the "Istituto Poligrafico e Zecca dello Stato" (State Mint…

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Court of Cassation: trial period and its validity

With sentence no. 16214 dated 3 August 2016, the Court of Cassation affirmed that a trial period must be accepted in writing by the employee. In this particular…

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Court of Cassation: no obligation to relocate executives

With sentence no. 14193 dated 12 July 2016, the Court di Cassation confirmed that executives dismissed for economic reasons need not be relocated within a Group. In the…

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Court of Appeal in Milan: messages in a mailing list protected like private correspondence

The Court of Appeal in Milan, in its ruling No. 439/2016, confirmed the principle that e-mail messages exchanged among employees as part of a mailing list, constitute private…

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Lawful dismissal for cause in the case of behaviours that, as a whole, are considered to imply a certain degree of seriousness

The Labour Division of Milan Court, declared that the dismissal for cause by one of our Client Company of a foundry worker is lawful (i) given that the…

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Court of Cassation: the insults to the boss justify the dismissal without notice

By way of judgment No. 9635 lodged on 11 May 2016, the Court of Cassation has stated that in no way can the concept of insubordination be limited…

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Court of Cassation: right of access to personal records

By judgment no. 6775 of 7 April 2016, the Court of Cassation has asserted the right of workers to access their personal records, containing the documents and acts…

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Court of Cassation: the choice of place of employment comes within the employer’s organizational powers

With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers,…

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Court of Cassation: key ingredients for an agreement having definitive effects

With its judgment No. 3306 of 19 February 2016, the Court of Cassation confirmed the legal principle already stated in the Court’s decision No. 22540 of 2 October…

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