DLP Insights

Court of Cassation: sanction to the employer if the reinstated employee does not perform any work activity (Il Sole 24 Ore, June 19, 2012, page 25)

Catégories: DLP Insights, Case Law

22 Juin 2012
The Supreme Court, with the sentence no. 9965 of the April 11th, 2012, stated that the employer who reinstates only partially an executive of the company union representative, just paying the salary and acknowledging him/her the trade rights but refusing his/her work performance, is subject to administrative sanction provided for by the art. 10, par. 8, of the Law no. 300/70 (so called “Statuto dei Lavoratori”) (i.e. payment of an amount equal to the daily wage due to the employee, for each day of delay, in favour of the INPS Fund for the pensions adjustment). The sanction applies also in the said case because the mere payment of the salary and the possible acknowledgement of the trade privileges are not sufficient to be equalized to the full reinstatement; therefore, the requirement for the application of the mentioned sanction accomplishes if the work performance misses.

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