News & Insights

Case Law

Insights, News

Court of Cassation: timeframe is crucial for downgrading (Il Sole 24 Ore, March 5, 2013, page 18)

Court of Cassation, with sentence no. 4301 of February 21, 2013, stated that the downgrading of the employee for organizational needs, if it is guaranteed in a prevailing…

Insights, News

Court of Cassation: during the sickness leave the obligations are very strict (Il Sole 24 Ore, March 6, 2013, page 23)

Court of Cassation, labor section, with sentence no. 4559 of February 22, 2013, stated that the termination of an employee who, during the sickness leave, goes hunting with…

Insights, News

Court of Cassation: limited indemnity in case of temporary work conversion (Il Sole 24 Ore, February 7, 2013)

Court of Cassation, with sentence no. 1148/2013, stated that the maximum threshold of indemnity equal to 12 monthly wages, set by Law no. 183/2010 (so called “Collegato Lavoro”),…

Insights, News

Court of Cassation: the employee who has sent a medical certificate late cannot be dismissed (Il Sole 24 Ore, January 5, 2013, page 20)

The Court of Cassation, with decision No. 106/2012, has stated that the employee, actually sick, cannot be dismissed only because he did not send the certificate in time,…

Insights, News

Court of Milan: job position suppressed, no reinstatement (Il Sole 24 Ore, January 6, 2013, page 21)

Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful,…

Insights, News

Constitutional Court: rejected the reform on training (Il Sole 24 Ore, 20 December 2012, page 28)

The Constitutional Court, with decision No. 287/2012, has decided that the reform of training provided for by Article 11 of Legislative Decree No. 138/2011 (converted into Law No.…

Insights, News

Supreme Court: holidays can be liquidated after a long period of illness (Italia Oggi, December 1, 2012, page 32)

The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled…

Insights, News

Court of Milan: the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the employment withdrawals occurred before July 18 (Il Sole 24 Ore, November 22, 2012, page 23)

The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”)…

Insights, News

Court of Cassation: oppressive conditions are refundable even without mobbing (Italia Oggi –November 6, 2012 – page 25)

Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility…

Insights, News

Court of Cassation: limited activities for the employee on sickness leave (Il Sole 24 ore, October 29, 2012, page 48)

Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though…

Inscrivez-vous à notre lettre d’information

Resta in contatto con De Luca & Partners

Iscriviti per conoscere le ultime novità e avere un accesso privilegiato alle risorse del nostro studio.