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Case Law

Insights, News

Court of Cassation: disciplinary code is not necessary for serious breaches

The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness…

Insights, News

Criminal liability of the Employer in case of risk value’s omission about the use of a flat that he gave to an employee (Court of Cassation, IV Penal Section, no. 4939/2010)

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he…

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The accident during the lunch break is not indemnifiable (Court of Cassation, Labour Section no 11150/2010)

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”. In particular, the worker that has an accident during the…

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Unlawful temporary lay-off without the previous communication to the trade unions (Court of cassation, labour section, n. 11254/2010)

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off…

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Dismissal and failed challenge within the terms: the Court of Cassation changes its orientation (Court of Cassation, Labour Section, no. 2676/2010)

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain…

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Fixed term “sliding” contract (Court of Cassation, Labour Section, no. 23761/2009)

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law…

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Remote controls on worker’s personal computers (Court of Cassation, Labour Section, no. 4375/2010)

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses…

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Organisational model: no objective responsibility for the company (Preliminary Investigation Magistrate of Milan, Sent. of 17 November 2009)

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the…

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231/01: case-law opens new questions

Case-law regarding the execution of the provisions set forth under Legislative Decree 231/01 discloses some trends. In particular, please note as follows: - the organizational model should be effectively…

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Health certificates are challengeable (Court of Milan, October 2009 judgment)

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate. The judge…

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