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 of such position by top management, performed executive duties. These duties were characterized by the proposal, with broad decision-making powers, to one or more services, which put them in a condition to influence all company activities. A different conviction, according to the Court, would be in direct conflict with the principle of appointment objectivity and the necessary correspondence of the duties actually performed. Basically, for recognition of the position of executive it is not necessary that there be a “formal appointment” by the employer; what counts are the facts.