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Case Law

Insights, News

Court of Cassation: dismissal of executive can be based on the grounds of mistrust (Il Sole 24 ore, March 18, 2014, page 38)

The Court of Cassation, with judgment no. 6110 of yesterday, stated that the dismissal of executive can be justified for any cause supported by reasons in compliance with…

Insights, News

Court of Rome: new procedure introduced by law 92/2012 is not applicable to the apprenticeship (Il Sole 24 ore – March 11, 2014 – page 22)

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so…

Insights, News

THE COMPANY DOCUMENTS SENT TO THE LEGAL ATTORNEY DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, MARCH 6, 2014, PAGE 25)

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be…

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Court of Cassation: clarifications on not material damages (Italia Oggi, February 26, 2014, page 24)

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character…

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The new proceeding provided for by Law 92/2012 ends up to the Constitutional Court (Il Sole 24 Ore, January 28, 2014, page 19)

The so called “Rito Fornero” (the new proceeding provided for by Law 92/2012) ends up before the Constitutional Court. The IX section of the Court of Milan stated…

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THE LAW DECREE « DESTINATION ITALY » INCREASED THE PENALTIES (IL SOLE 24 ORE, JANUARY 20, 2014, P 34)

The article 14 of Law Decree "destination Italy", into force since 24 December 2013, has heavily increased the penalties for undeclared and irregular employment and the violations of…

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Court of Cassation: severance payment accrued during the ordinary layoff (“CIG”) expires after ten years (Il Sole 24 Ore, January 18, 2014, page 20)

Court of Cassation, with sentence dated November 5, 2013 and filed on January 17, 2014, stated that severance payment accrued by the employee during the ordinary layoff intervention…

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Court of Rome: fixed-term staff leasing always justified (Il Sole 24 Ore, January 16, 2014, page 24)

Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.…

Insights, News

Court of Cassation: biological damage has to be proved in case of omitted rests (Il Sole 24 ore, December 9, 2013, page 39)

Court of Cassation, with sentence no. 26398 of November 26, 2013, stated that the company who allows employee to skip rest shifts is not obliged to refund the…

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Court of Cassation: production bonus is not company custom (Il Sole 24 Ore, December 2, 2013, page 33)

Court of Cassation, with sentence no. 25730 of November 15, 2013, stated that production bonus represents a supplementary element of the salary which cannot be considered as company…

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