Insights

In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....

The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event.   Facts of the case In this specific case, a company, faced with the refusal of one of ....

The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved will have to perform. This is because, for the purposes of integrating the case of illicit labour brokering, it is not sufficient either to provide an analytical ....

With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular, the jurisprudential findings on the matter have been underlined, according to which the principle of the immediacy of the challenge of the charge and that of the ....

Law 58/2019 was published in the Official Journal 152 of 1 July 2019 containing the “Conversion into law, with modifications, of Decree Law no. 34 of 30 April 2019 (Editor’s Note so-called Growth Decree), containing urgent measures for economic growth and the resolution of specific crisis situations”. There are various innovations relating to labour and ....

The Court of Cassation, by Ruling no. 18411 dated 9 July 2019, returned to analysing the delicate issue relating to the breach of the relationship of trust, following the abuse by the worker of the permits provided for by Law no. 104/1992. The case originates from the dismissal for just cause inflicted upon an employee ....

The Court of Cassation, with judgment 16998 on 25 June 2019, returned to analyse the judgment annulling the resignation in regards the salary arrears accrued in the period between the resignation annulment and the judgment itself. The case originates from legal proceedings to cancel a resignation brought about by a worker who claimed to have ....

The Criminal Division of the Court of Cassation, by judgment 18842/2019, referring to the case law of the Joint Divisions, has again ruled on the subject of administrative liability of entities. Specifically, the Court of Cassation has affirmed that it is the responsibility of the entity – once it has ascertained that certain offences have ....