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Case Law

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Constitutional Court: employees replacement with fixed term contracts also without the specification of the name (Il Sole 24 Ore, May 30, 2013, page 22)

Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in…

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Court of Cassation: the members of the Board of Directors are liable for injuries at work (Il Sole 24 Ore, May 21, 2013, page 27)

The Supreme Court, IV criminal section, with sentence no. 21628 of May 20, 2013, confirmed that, regarding security in the work place, the liability for the injury at…

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Contract for services: conversion in a subordinate contract only if the guidelines have been issued by persons empowered to represent the company (Il Sole 24 Ore, May 1, 2013, page 16)

Court of Cassation, with sentence no. 8863 of April 11, 2013, stated that within a contract of services the employment relationships are not charged on the principal if…

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Unlawful terminations: new indemnity without the reinstatement (Il Sole 24 Ore, April 16, 2013, page 23)

Court of Cassation, with sentence no. 9073/13, stated that the missed reinstatement of the employee unlawfully terminated has to be indemnified by the employer with a pecuniary sanction…

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Court of Cassation: the injury denunciation report has probationary value (Il Sole 24 Ore, April 10, 2013, page 18)

Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession…

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Court of Cassation: the mobbing must have oppressive aim (Il Sole 24 Ore, April 3, 2013, page 14)

The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against…

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Court of Cassation Criminal Section.: proxy on hygiene and safety at work with specific assignments (Il Sole 24 Ore, March 25, 2013, page 30)

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject…

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Court of Cassation: the dismissal for cash desk abandonment is lawful (Il Sole 24 ore, March 29, 2013, page 21)

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee…

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COLLECTIVE DISMISSALS: THE AGREEMENT WITH THE UNIONS PROVIDING THE CHOICE CRITERIUM OF IMMINENT RETIREMENT IS LAWFUL (Il Sole 24 Ore, March 18, 2013, page 31)

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with…

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Court of Cassation: the employee has not to be always re-qualified (Il Sole 24 Ore, Marzo 19, 2013, page 19)

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for…

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