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Insights, News

Supreme Court on videosurvellance (Il Sole 24 Ore, August 20, 2012, page 27)

Supreme Court with sentence no. 22611 of June 11 has stated that employees’ videosurveillance after their express approval for video cameras installation is not a crime, also without…

Insights, News

Supreme Court: the temporary replacement of employees on strike with other employees does not represent an anti-union behavior (Il Sole 24 Ore, August 7, 2012, page 18)

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested…

Insights, News

Supreme Court: body search is possible on employees but not on their personal tools (Il Sole 24 Ore, Augusto 8, 2012 page 19)

Supreme Court, with sentence no. 14197 of August 7, 2012 has established that companies can use private investigators in order to verify if employees commit a crime and…

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Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated. In…

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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…

Insights, News

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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