News & Insights

Case Law

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

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…

Insights, News

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…

Insights, News

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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