Case Law

With ruling n. 48328/2015 the Court of Appeal, second criminal section, made it clear that the commission of offences cannot be ruled out if the collective absence is covered by medical certificates. In fact, according to the Supreme Court, if there are grounds for suspicion that the protest was based on illegal methods, then criminal ....

With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed against an employee, dismissal of such employee is considered illegal, with his consequent right to be reinstated in his job (in addition to payment for damages).

With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by the taxpayer for omitted or late payment of contributions or insurance premiums, are part of the category of civil penalties.

With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot dismiss a worker for poor performance.

With ruling no. 14310/2015, the Court of Cassation declared disciplinary dismissal for poor performance legitimate for an employee dismissed by a telephone service provider. The employee in question had reached income levels between October 2008 and March 2009 lower than the individual performance he had achieved in a previous period and that of his colleagues.