Case Law

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 of conversion of a fixed-term contract – because of formal and substantial unlawfulness – the sentence of the employer to compensate the employee with “an all-comprehensive indemnity ranging from a minimum of 2,5 to a maximum of 12 monthly wages”.

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.

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 the generalized enforcement of the sanction system, provided for by Law no. 662/1996, to all the contributory omissions, carried out at any time, as long as they exist and if they are verified by September 30th, 2000.

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 is forbidden to Regions to reduce it in the regulation of apprenticeship and professional training.

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, starting from 2012.

The Court of Cassation, with the sentence no. 21758/2010, specified that, during the trial period, the written form is required ad substantiam.

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 prison) is not a condition for the renunciation for good cause of the agency contract by the principal.

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 part of the so called “substantial salary” of employees, executives and freelancers.