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Case Law

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Italian Court of Cassation: transfer of an illegitimate business branch, previous damages only with formal notice

With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian…

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Reclassification of the self-employment relationship even in the absence of direct evidence of employer direction

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one,…

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Italian Court of Cassation: work clothes that act as a protective barrier are PPE

The Italian Court of Cassation, with order of 11 October 2022, No 29720, confirmed that ‘any equipment, ancillary or accessory which could actually constitute a protective barrier, however…

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Straining occurs when the harassment is not continuous and there is no malicious intent on the part of the employer

With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from…

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Contract term ineffectiveness if there is a company transfer

In its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract…

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The employer can challenge the assessment notice issued by the Labour Inspectorate for pecuniary claims

The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without…

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Court of Cassation ruling no. 26246/2022: the statute of limitations for claims runs from the employment termination

In ruling no. 26246 of 6 September 2022, the Court of Cassation resolved the legal contrast about the statute of limitations start date for employee claims in companies…

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Resignation by conduct: a viable alternative to dismissal for just cause?

In its ruling no. 20 of 27 May 2022, The Court of Udine stated that absence from work without providing any justification to force the employer to dismiss…

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Dismissal of an employee is legal even if other employees were not punished in similar situations

In its order no. 22115 of 13 July 2022, the Court of Cassation stated that the Court's assessment of similar situations for evaluating unreasonable inequality can only be…

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Unlawful dismissal in companies with less than 15 employees: compensation should be changed

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the…

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