News & Insights

Case Law

Insights, News

Court of Cassation, criminal section: liability has been expanded (Il Sole 24 Ore, February 11, 2012 – page 29)

Court of Cassation, criminal section, with sentence no. 5420/2012, stated that the missed drafting of the document concerning the risks assessment, so called “DUVRI - Documento unico di…

Insights, News

THE COMPENSATION IS EXTENDED OVER THE AGE OF RETIREMENT (IL SOLE 24 ORE, February 3rd, 2012, page 30)

The Court of Cassation, with sentence No. 1462 of December 20th, 2011, has stated that the damages compensation which has to be paid to the employee, in the…

Insights, News

Sales representative: seizure just for a fifth

The compensation of the sales representative shall be seized up to the fifth. Court of Cassation, acknowledging the so called “par condicio” between public and private sector after…

Insights, News

“Collegato Lavoro”: the new system for compensation is lawful

The Constitutional Court, with sentence no. 303 of November 11, 2011, declared lawful the system for compensation introduced by the so called “Collegato Lavoro” for the fixed-term employment…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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,…

Inscrivez-vous à notre lettre d’information

Restez en contact avec De Luca & Partners

Inscrivez-vous pour connaître les dernières nouveautés et bénéficier d'un accès privilégié aux ressources de notre cabinet.