Case Law

Court of Cassation, with judgment no. 9180 of April 23, 2014, moving away from a previous case law guidance (judgments no. 49/1997 and no. 6923/1996), stated that amounts paid by the employer are not exempted from social security contributions just because paid in compliance with a settlement agreement.

Brescia Court of Appeal, with judgment of April 3, 2014, stated the nullity of the clause regarding the term when exceeding the 15% percentage threshold set in the mail offices sector by art. 2, par. 1-bis, of the Legislative Decree no. 368/2001.

The second stage of the so called “Job Act” regards the amendment of the social security “cushion”. Among these ones, the bill, pending of the approval of the Government, provides for amendments on requirements and duration of the redundancy fund.

The Court of Cassation, with judgment no. 6110 of yesterday, stated that the dismissal of executive can be justified for any cause supported by reasons in compliance with law and by a global assessment.

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.

Court of Bergamo, with the sentence no. 941 of December 12, 2013, extended the performances automaticity principle, which ensures to employees the right to receive the retirement indemnity also in case the employer omitted to pay the social security contributions accrued, also to coordinates and continuative self employees.