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Case Law

Insights

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…

Insights

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),…

Insights

European Court of Justice: interpretation of the directive on collective redundancies

The Court of Justice of the European Union, with sentence no. C-422/14 of 11 November 2015, intervened on two central points of the European directive on collective redundancies…

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The reasons justifying use of a temporary work contract

The Court of Appeals of Milan, Labor Section, with its ruling, rejected the appeal submitted by a temporary worker of our Client, who had challenged the temporary work…

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Court of Cassation 16 September 2015: recognition of executive position

With its ruling no. 18165 of 16 September 2015, The Court of Cassation recognized an executive position for a credit manager who, despite the lack of formal assignment…

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Court of Cassation 7 October 2015: the 180 days for filing a lawsuit start from sending the out-of-court letter

With its ruling no. 20068 of 7 October 2015, the Cassation Court confirmed that the dies a quo for the start of the 180 days for filing an…

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Court of Cassation 12 October 2015: dismissal and defensive controls

With its ruling no. 20440 of 12 October 2015, the Court of Cassation declared a dismissal of an employee by an employer lawful, after having ascertained – based…

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Court of Rome 30 September 2015: the “new” article 2013 of the Civil Code and its field of application

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no.…

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The employer’s disciplinary power and proportion of penalties compared to the accusation

The Milan Court, Employment Section, with her sentence, rejected an appeal submitted by three employees of our Client, who had challenged some conservative disciplinary sanctions inflicted on them…

Insights

Cassation Court 7 August 2015: the worker and refusal to work on midweek holidays

With its ruling 16592 of 7 August 2015, the Cassation Court declared disciplinary sanction null, specifically a fine, imposed by a clothing company on a salesperson who did…

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