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Case Law

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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…

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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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Cassation Court 1 September 2015: succession of contracts and illegality of probation period

With its ruling no. 17371 of 1 September 2015, the Cassation Court established that a probation period cannot be included in the employment contract, if the hired employee…

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European Court of Justice: for workers with no habitual place of work, the home – customer journey is considered working time

The European Union Court of Justice – asked to rule on the EU directive no. 2003/88 concerning working time – established with its decision on 10 September 2015…

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