Case Law

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 as significant the lawfulness issue regarding the lack of an abstinence obligation for the judge who has to decide on the challenge, after having already judged the summary stage of the trial on the lawfulness of the dismissal.

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 rules on daily and weekly rests and working time.

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 has a social security nature, and not a retributive one.

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.