News & Insights

Case Law

Insights, News

Apprenticeship: it is possible to hire employees from unemployment lists and to get the 50% of the unemployment indemnity

The apprenticeship reform, besides the confirmation of the existing economic incentives, sets the chance to hire employees who are included in unemployment lists as apprentices. In such case,…

Insights, News

Court of Cassation: financial situations cannot justify the missed payment of social security deductions

Court of Cassation, with the sentence no. 20845/2011, stated that financial straits of the employer may not justify the missed payment of the social security deductions anyhow. In…

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Court of Cassation: dismissal and replacement of the employee

Court of Cassation, with sentence no. 6625/2011, stated that the burden of proof regarding the possibility to assign the dismissing employee to duties equivalent or similar to those…

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COURT OF CASSATION: NOTIFICATION OF TAX CLAIMS

Court of Cassation, with sentence no. 6102/2011, specified that - with reference to tax claims filed by the tax authority - should the claim not be delivered to…

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The conclusion of the deal is not enough in order to deduct the commission (Court of Cassation n. 9539/2011)

Court of Cassation has intervened on the competence concerning taxation of the costs suffered for commissions to agents. The judgment has taken into account the bound between: (i)…

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DISEASE INDEMNITY: THE COMPANIES OF TERTIARY SECTOR HAVE TO COMMUNICATE TO INPS THE DIRECT PAYMENT

The Chapter “Disease” of the renewal of the Tertiary Sector National Collective Agreement - finally signed on April 6, 2011, with separate signature (FILCAMS-CGIL, in fact, did not…

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Court of Cassation: new requirements for damages and limited retroactivity

Court of Cassation focuses on the so called “Collegato Lavoro” and, in particular, on Article 32, paragraphs 5, 6 and 7, which set damages in a range included…

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Legislative Decree 231/01: the sanction application depends on when the “fact” occurs

Court of Cassation – criminal section, with sentence filed on April 12, 2001, stated that, concerning administrative liability of corporate bodies, the Company is liable even if the…

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Supply of employees without formality (Court of Bassano, Judgement of 22 March 2011)

The Court of Bassano specified that the reasons for the supply of employees have to be interpreted according to rules which are different from the ones traditionally used…

Insights, News

The severance pay is warranted even if there is not a bankruptcy (Court of Cassation No. 7585/2011)

The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt. The Supreme…

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