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Case Law

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EU COURT OF JUSTICE: SEX EQUALITY RELATED TO RETIREMENT AGE ALSO IN THE PRIVATE SECTOR

EU Court of Justice obliged Italy to raise women’s retirement age for old-age pension in the public sector, to make it equal to the one established for men,…

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CONSTITUTIONAL COURT: CLARIFICATIONS ON THE REGIONAL INTERVENTION CONCERNING APPRENTICESHIP

Constitutional Court, with the sentence no. 334/2010, has specified that age limit for compulsory education has been set at 16 years old by national legislator and, therefore, it…

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COURT OF CASSATION: ENTRANCE TO WORK WITH WRITTEN FORM SOLELY

The Court of Cassation, with the sentence no. 21758/2010, specified that, during the trial period, the written form is required ad substantiam. This basic form requirement have to…

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The detention status does not justify the termination (Court of Cassation no. 21279/2010)

The Court of Cassation, with reference to the agency contract, stated that the mere interruption of the working activity by the agent due to his detention status (in…

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The stock option revenues shall not considered to be compensation

The Court of Milan, with the sentence of 23rd June 2010, confirmed its previous guideline of December 2005 stating that the variable compensation has not to be considered…

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The extension of the fixed-ended term employment contracts is an exception (Court of Cassation no. 19365/2010)

The Court of Cassation confirmed that the expiration of a fixed-term employment contract could be extended one time only and as an exception. Therefore, the extension of the…

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Court of Cassation (sentence no. 17752/2010): clarification about the accident in itinere

The Court of Cassation hasn’t recognized that an accident so called “in itinere” occurred (and has denied the relevant restore) to a worker who used to go to…

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Court of Cassation: the minutes of the social security institutions are to be considered as evidence

  The Supreme Court, with the order no. 17720/2010, stated that the minutes of the social security institutions’ officials are to be considered as evidence of the circumstances…

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Hiring of disabled workers is not compulsory if the employment status is “similar” (Court of Cassation, no. 1058/2010)

The Court of Cassation stated that the employer is entitled to refuse to hire a disabled worker whether if the latter has an employment status different from the…

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Court of Cassation: administrative offences and applicable law

The Court of Cassation, with sentence n. 12596/2010, pointed out that in case of administrative sanctions imposed by the Inspective Labour Department (so called “Ispettorato del Lavoro”) for…

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