Insights

On March 20, the Ministry of Labor signed the decree that enforces for the “disadvantaged employees” the possibility of entering into a temporary supply contract without technical, productive, organizational and substitutive needs, necessary for a term provision.

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with the Unions for the choice of the employees to be dismissed can be just one and it can be represented by the imminence of retirement, if it allows to make a strict classification and it can be applied and controlled without employer’s discretional choice.

Amending the rules of individual dismissals, “Fornero Reform” extended the terms for challenging out of Court the fixed term contract in the case of unlawful term provision (Law no. 92/2012 amended Article 32 of Law no. 183/2010).

Court of Cassation, with sentence no. 4301 of February 21, 2013, stated that the downgrading of the employee for organizational needs, if it is guaranteed in a prevailing way the performance of the ordinary duties.

Court of Cassation, labor section, with sentence no. 4559 of February 22, 2013, stated that the termination of an employee who, during the sickness leave, goes hunting with friends.