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Case Law

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The new proceeding provided for by Law 92/2012 ends up to the Constitutional Court (Il Sole 24 Ore, January 28, 2014, page 19)

The so called “Rito Fornero” (the new proceeding provided for by Law 92/2012) ends up before the Constitutional Court. The IX section of the Court of Milan stated…

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THE LAW DECREE « DESTINATION ITALY » INCREASED THE PENALTIES (IL SOLE 24 ORE, JANUARY 20, 2014, P 34)

The article 14 of Law Decree "destination Italy", into force since 24 December 2013, has heavily increased the penalties for undeclared and irregular employment and the violations of…

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Court of Cassation: severance payment accrued during the ordinary layoff (“CIG”) expires after ten years (Il Sole 24 Ore, January 18, 2014, page 20)

Court of Cassation, with sentence dated November 5, 2013 and filed on January 17, 2014, stated that severance payment accrued by the employee during the ordinary layoff intervention…

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Court of Rome: fixed-term staff leasing always justified (Il Sole 24 Ore, January 16, 2014, page 24)

Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.…

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Court of Cassation: biological damage has to be proved in case of omitted rests (Il Sole 24 ore, December 9, 2013, page 39)

Court of Cassation, with sentence no. 26398 of November 26, 2013, stated that the company who allows employee to skip rest shifts is not obliged to refund the…

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Court of Cassation: production bonus is not company custom (Il Sole 24 Ore, December 2, 2013, page 33)

Court of Cassation, with sentence no. 25730 of November 15, 2013, stated that production bonus represents a supplementary element of the salary which cannot be considered as company…

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Court of Cassation: file sharing does not justify dismissal (Il Sole 24 Ore, November 27, 2013, page 27)

Court of Cassation, with sentence no. 2639 of November 26, 2013, stated that the dismissal of an employee that set up a program to download music and movies…

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Court of Cassation: recording colleagues grounds dismissal (Il Sole 24 Ore, November 22, 2013, page 35)

Court of Cassation, with sentence no. 26143 filed on November 21, stated that the recording of colleagues’ conversations, unknown to them, is a reason justifying dismissal, though the…

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Court of Cassation: repechage and reorganization of the business activity (Il Sole 24 Ore, November 11, 2013, page 37)

The Court of Cassation, with sentence no. 24259 of October 28, stated that the outsourcing of the most qualified activities of a service, in case of employee’s refusal…

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Court of Cassation: cashier who pockets prizes dismissed (Italia Oggi, November 13, 2013, page 25)

A cashier of the supermarket loses her job because she pockets the prizes for the clients. The dismissal is lawful, confirmed the Supreme Court, labor section, with sentence…

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