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Insights

Consequences of dismissal after expiry of the term set out in the Collective Bargaining Agreement. Reinstatement

With its judgement no. 21569 dated 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in…

Insights

Dismissal for exceeding the sickness period

With its judgement no. 20761/18, the Court of Cassation, Labour Division, returned to rule on dismissal for exceeding the sickness period, confirming its opinion on the potential formal…

Insights

DO YOU KNOW THAT…The extraordinary wages guarantee fund for discontinuation of business has been reinstated?

The Ministry of Labour, with press release no. 19 of 17 September 2018, informed all those concerned that the Council of Ministers approved (specifically, on 13 September 2018)…

Insights

Dismissal after expiry of the term set out in the National Collective Bargaining Agreement implies reinstatement (Il Quotidiano del Lavoro of Il Sole 24 Ore, 17 September 2018 – Alberto De Luca, Lucio Portaro)

With its judgment no. 21569 of 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in…

Insights

The employer is not required to inform the employee of the approaching end of the “protected period” (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 August 2018 – Alberto De Luca, Lucio Portaro)

Con sentenza 17 agosto 2018, n. 20761, la Corte di cassazione, Sezione Lavoro, è tornata ad occuparsi del licenziamento per superamento del periodo di comporto, confermando il proprio…

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Demotion, automatic compensation for damages and burden of proof (Guida al Lavoro de Il Sole 24 Ore, 31 August 2018 – Enrico De Luca, Elena Cannone e Antonella Iacobellis)

The Court of Cassation with judgement No. 17978 dated 9 July 2018 established that:  - recognition of compensation for non-material damages is not automatic in the case of…

Insights

Withdrawal during the trial period: standard protection if the agreement is void

The Court of Cassation, with ruling No. 17358 dated 3 July 2018 has issued another ruling on the dismissal ordered for failure to successfully pass the trial period…

Insights

Full matching between the disputed charge and the reasons for the disciplinary dismissal is required

The Court of Cassation with ruling No. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings…

Insights

A dismissal for justified objective reasons is lawful even if the employer makes use of external resources and overtime work

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee…

Insights

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…

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