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Case Law

Insights, News

Calculation of the longest illness for job protection includes public holidays (Il Sole 24 ore, September 25, 2014, page 47)

Court of Cassation, judgment no. 20106 of September 24, 2014, has stated again the principle according to which for the calculation of the period of job preservation in…

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Court of Cassation: sanctions in case of conversion of a temporary staff leasing (Il Sole 24 ore, September 9, 2014, page 40)

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are…

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Court of Cassation: dismissal of “absentee” employees is lawful (Il Sole 24 ore, september 5, 2014, page 40)

Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was…

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Staff leasing: damages limited (Il Sole 24 Ore, August 21, 2014, page 30)

Court of Cassation, judgment no. 18046 of August 20, 2014, confirmed the case-law guideline based on which irregular staff leasing is subject to the sanction introduced by Law…

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Constitutional Court: article 32 of law 183/2010 regarding forfeiture term for challenging a fixed term contract is lawful (il sole 24 ore, june 18, 2014, page 47)

Constitutional Court, judgment no. 155 of May 21, 2014, stated the constitutional lawfulness of art. 32, par. 4, letter b), of Law 183/2010, considering fully reasonable the choices…

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Court of Cassation: recall to service requires an advance notice (Il Sole 24 Ore, May 26, 2014, page 40)

The Court of Cassation, in judgment no. 27057 issued on December 3, 2013, stated that modifying employee’s holidays due to company needs is lawful provided that it has…

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Court of Cassation: appeal procedure rules are standard in the new “Fornero” (Il Sole 24 Ore, May 10, 2014, page 15)

With regard to the so called “Fornero” procedure the Court of Cassation, with judgment no. 10133/2014, clarified that the decree (which is immediately enforceable according to art. 1,…

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Court of Cassation: amounts due by the employer in compliance with a settlement agreement are subject to social security contributions (Il Sole 24 Ore, April 24, 2014, page 42)

Court of Cassation, with judgment no. 9180 of April 23, 2014, moving away from a previous case law guidance (judgments no. 49/1997 and no. 6923/1996), stated that amounts…

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Brescia Court of Appeal: nullity of the clause regarding the term (Il Sole 24 Ore, April 10, 2014, page 43)

Brescia Court of Appeal, with judgment of April 3, 2014, stated the nullity of the clause regarding the term when exceeding the 15% percentage threshold set in the…

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JOB ACT: REDUNDANCY FUND (IL SOLE 24 ORE, MARCH 31, 2014, PAGE 4)

The second stage of the so called “Job Act” regards the amendment of the social security “cushion”. Among these ones, the bill, pending of the approval of the…

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