DLP Insights

Court of Cassation: the refusal to work when missing the health protection is lawful (Il Sole 24 Ore, November 19, 2012, page 45)

Catégories: DLP Insights, Case Law

23 Nov 2012
The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee. Therefore, based on art. 1460 of Italian Civil Code, this behavior justifies the refusal to work in places which are not safe, being understood that the employer keep the obligation to remunerate the employee who refrained from working due to the mentioned unfulfilling.

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