News & Insights

Case Law

Insights, News

Court of Vicenza: staff leasing with wide reason

Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the…

Insights, News

Court of Cassation: registered letter is useless for untraceable contributors

Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the…

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The lack of analytical computations does not stop the claim of judgement

 Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the…

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Labour: clarification on secondment

Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative…

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No just cause of dismissal if employer accept the behaviour (Court of Cassation no. 35/2011)

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship,…

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Court of Cassation: To dismiss twice is lawful

Supreme Court – disregarding its previous guideline based on art. 18 Law no. 300/70 – with sentence no. 1244/2011, stated that employer who already dismissed an employee for…

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The “in progress” exchange of the selection criteria concerning the workers to be suspended for “CIGS” is forbidden (Court of Cassation, no. 25140/2010)

The Court of Cassation decided that it is forbidden to modify “in progress” the selection criteria concerning the workers to be suspended for “Cassa Integrazione Guadagni Straordinaria”. In…

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COURT OF BUSTO ARSIZIO: INDEMNITY AND COMPENSATION IN CASE OF VOID TERM

The Court of Busto Arsizio, with sentence no. 528/2010, applied for the first time the provision of Law no. 183/2010 (so called “Collegato Lavoro”) that states, in case…

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Prohibition of unilateral withdrawal from a bonus agreement (Cass. November 22nd, 2010, no. 23614)

Court of Cassation states that the employer who enters into an agreement according to which the employees are entitled to a bonus, may not withdrawal one-sidedness from it.…

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New sanctions for all the omissions concerning the social security contribution (Court of Cassation no. 23607/2010)

The Court of Cassation specified that, regarding civil sanctions deriving from social security contribution omissions, Law n. 388/2000, repealing in part the principle of “tempus regit actum”, ratified…

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