News & Insights

Case Law

Insights, News

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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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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