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Case Law

Insights, News

Court of Cassation: the dismissal for abolishing of the working position is lawful if it is directed to a more efficient business management (Il Sole 24 Ore, July 10, 2012, page 19)

The Court of Cassation, with sentence No. 11465/2012, stated the principle based on which a company, which needs to obtain a more efficient management in order to face…

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Court of Cassation: sanction to the employer if the reinstated employee does not perform any work activity (Il Sole 24 Ore, June 19, 2012, page 25)

The Supreme Court, with the sentence no. 9965 of the April 11th, 2012, stated that the employer who reinstates only partially an executive of the company union representative,…

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Court of Cassation: the breach of the basic duties can be sanctioned also without the disciplinary code (Il Sole 24 Ore, June 14th, 2012, page 25)

Court of Cassation, with the sentence no. 9644 of the June 13th, 2012, stated that with reference to the disciplinary sanctions the advertising guarantee of the disciplinary code…

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Court of Cassation: the companies are liable for the damage suffered by the employee (Il Sole 24 Ore, June 8, 2012, page 25)

The Court of Cassation, with judgment No. 9199/2012, stated that the employer should not simply adopt safety measures at work suggested by the fully-developed technology, but has also…

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Court of Rome: formal claim within 60 days against the flexible contracts (Il Sole 24 Ore, May 27, 2012, page 15)

The Court of Rome, with sentence no. 8841 of May 15th, 2012, stated that the suspension - provided for by the Law no. 10/2011 (law which converted the…

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Court of Cassation: companies without risks assessment may not enter into fixed-term contracts (Italia Oggi, May 21, 2012, page 14)

Court of Cassation, with sentence no. 5241/2012, specified that companies which did not execute the risks assessment may not enter into fixed-term contracts. Otherwise, the term is void…

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Court of Cassation: it is necessary to challenge the assumed deed (Il Sole 24 Ore, 5 May 2012, page 26)

Court of Cassation, with the decree no. 6721 of 4th May 2012, as opposed to the previous case-law orientation stated from the United Sections of the Supreme Court,…

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Court of Cassation: pensions, from the invalidity to the retirement (Il Sole 24 Ore, 1 May 2012, page 18)

The Supreme Court, with the sentence no. 6588 of 30th April 2012, stated that the invalidity pensions may be converted to retirements only if there are the relevant…

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Court of Cassation: all-embracing indemnity in the case of conversion of fixed term contracts into open ended ones (Il Sole 24 Ore, April 21, 2012, Page 30)

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages…

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Court of Cassation: the need to face a peak of activity increase is enough for entering into temporary job contracts (Il Sole24 Ore April 3, 2012 – Page 21)

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the…

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