Categories: Insights, Case Law

Tag: Corte di Cassazione, Datore di lavoro


28 Aug 2018

Reclassification of apprenticeships? Possible if there is a breach of training obligations

The Court of Cassation, with ruling No. 16571/2018 has once again returned  – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on the topic of reclassification of the apprenticeship relationship in an employment relation under an open term contract, if the employer’s obligations to provide training was breached. In particular, the Court has pointed out that in the matter filed for review, the necessary professional training was lacking, that is the professional training provided to the employee in-training required to allow him to become qualified. On the matter, the Court states once again that in an apprenticeship contract the fundamental matter is specifically represented by the obligation of the employer to provide effective professional training with the goal of providing to the trainee a professional qualification. And since this breach, being of no little importance, leads in the opinion of the Court of Cassation to the transformation right from its inception of the apprenticeship contract into an open term contract, with consequent payment to the employee of all the contributions and salary differences. This means that the priority role that the training undertakes respect to the work activity excludes that this specific contractual form be deemed suitable a relationship having as its objective the performance of elementary or routine tasks, not integrated by an effective training both theoretical and in practice, under penalty of reclassifying the relationship into an open term contract since the very beginning.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…