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Case Law

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Court of Cassation: labour supply contracts and time limit

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This…

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Court of Cassation: the so-called strike of duties is unlawful

With its judgment No. 1350 of 26 January 2016, the Court of Cassation has held that a disciplinary sanction inflicted on an employee who, upon industrial unrest, had…

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European Court of Human Rights: the employer may control the employee’s emails under certain conditions

In its judgment No. 61496, handed down on 12 January 2016, the European Court of Human Rights considered the dismissal served on an employee who, during working hours,…

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The new procedure for validating dismissals and for any termination by mutual consent

The long-awaited Decree of the Ministry of Labour and Social Policies of 15 December 2015 on the ways of communicating dismissals and any termination of the employment by…

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Court of Milan: statute-barred salary receivables

With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company…

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The termination clause in the agency agreement.

The Labour Section of the Court of Appeal of Milan, with its first-time ruling n. 218/2013, complied with the most recent case law of legality, which has changed its…

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Court of Appeal of Milan: dismissal is legitimate once the protected period is over

With ruling n. 780 of 5 October 2015 confirming the decision of the first instance judge, the Court of Appeal of Milan, Employment Section, declared the legitimacy of…

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Milan Court of Appeals: termination of independent contractor relationship

With its ruling the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to…

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Cassation Court; layoffs and selection criteria as per article 5, Law 223/1991

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome…

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Cassation Court: term for challenging including for managers

With its ruling no. 22627 of 5 November 2015, the Cassation Court confirmed the lower court decision, declaring that, following the introduction of the Collegato Lavoro (Law 183/2010),…

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