Case Law

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”.

Court of Cassation, with sentence no. 28311/2013, stated that the difference in assessing the professional skills of the employee by the employer must not come to the denial of an economic incentive without a suitable justification.

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 biological damage if this was not proved.

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 custom.

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 for free in the company laptop is unlawful.

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 recording was aimed at proving “mobbing”.

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 to be seconded to the external company or to perform a different task corresponding to his/her job position, is able to legitimize the dismissal if alternative positions suitable for him/her in the same company do not exist.

Una cassiera del supermarket perde il lavoro perché si porta a casa i premi previsti per i clienti. Il licenziamento è legittimo, ha confermato la Corte di Cassazione, sezione lavoro, con sentenza n. 24588/13, respingendo le osservazioni della lavoratrice la quale aveva contestato la mancata esposizione, nel luogo di lavoro, del codice disciplinare.