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Case Law

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Court of Milan: the fixed-term employment contract for the substitution of the employee in maternity leave is valid even if the reasons of absence change

The Court of Milan, with reference to the legitimacy of a fixed-term contract for substitutive reasons, with sentence no. 5020 of October 25, 2011 clarified that the fixed-term…

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The employee who gives false declaration in favour of the employer is not punishable for aiding and abetting

Through sentence no. 37398 of October 17, 2011, the VI Criminal Section of the Court of Cassation stated that the employee who, in order to avoid liberty restriction…

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Court of Cassation: void fixed term employment contract without conversion

Should the fixed term employment contract be null and void, the employee is not entitled to obtain the conversion into an open ended employment contract because the nullity…

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Court of Cassation: the proof of the damage

Court of Cassation, with order no. 19119/2011, stated that, with reference to the damage, the proof of the amount paid shall be provided through the income tax return…

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Court of Cassation: even the Constitution protects the autonomy of the employer

The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for…

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Court of Cassation: oral quarrel does not justify a disciplinary dismissal

Court of Cassation, with sentence no. 16192/2011, stated that oral quarrel among colleagues including “some push and jerk” does not justify a disciplinary dismissal of both “rivals”. This,…

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Constitutional Court: sentence no. 247/2011

The law which states the doubling of the terms for the expiration of the tax assessment action within tributary crime is in compliance with the Italian Constitution, even…

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INPS: shareholder of limited company with double registration

In the circumstance a person carries out an activity being shareholder and has been appointed as director in a limited company of the commercial sector, it shall take…

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Court of Cassation: right to superior status in the case of several duties’ changes

Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an…

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Court of Cassation: the joint exam for temporary lay-off extraordinary intervention does not guarantee the lawfulness of the procedure

Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee…

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