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Case Law

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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…

Insights

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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“Reclassification” of the appeal and partial rejection of claims due to their “meritless” nature

The Milan Court, Labour Section, with an order of 6 May 2014, ruled regarding litigation on appeal as per article 414 of the Italian Code of Civil Procedure…

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Onus of proof for salary differences and higher employment category

The Milan Court, Labour Section, with the ruling no. 862/2015, rejected the appeal submitted by a former employee of a Company we represent, who had applied to the…

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Compromising relationships with customers justifies dismissal

The Milan Court, Labour Section, with a ruling of 30 April 2015 made a decision in a proceeding started by a manager who challenged a dismissal for just…

Insights

Compensation for damages not due to an employee who cannot prove a causal relationship between a pathology and an occupational accident

The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective…

Insights

Dismissal is legal if a position has been eliminated and in the absence of job duties compatible with the employee’s physical limitations

The Labour Court of Lodi confirmed that it is legal to dismiss a worker due to the elimination of the department and tasks to which the worker was…

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