Case Law

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them of the dangers and measures to avoid them and if it has not monitored to ensure that such measures have not been applied.

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

The Court of Milan has established that the termination of a coordinated, ongoing project-based contract is valid when the project in question has been completed, and that any claim to extend the self-employment contract due to maternity, for a period beyond the project completion date is without grounds.