News & Insights

Case Law

Insights, News

Court of Cassation: retirement fund does not affect the TFR (Il Sole 24 Ore, July 4, 2013, page 17)

The Court of Cassation, with notes no.16493 and 16586 deposited on July 3, specified that the payments by the employer allocated to supplementary retirement fund are not considered…

Insights, News

Court of Cassation: the damage for voluntary overwork does not occur (Il Sole 24 Ore, June 10, 2013, page 31)

The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because…

Insights, News

Court of Cassation: no incentives without security (Italia Oggi, June 5, 2013, page 31)

The Court of Cassation, with sentence no. 14071/2013, stated that the companies which have been punished for the breach of the rules concerning security on workplace are not…

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Court of Cassation: about social security contributions will be liable the partner (Italia Oggi, June 4, 2013, page 29)

The Court of Cassation, with sentence no. 13240 of May 28, 2013, clarified that the partner of a general partnership is liable for the missed payment of unpaid…

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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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