Case Law

The Court of Cassation, with sentence n. 12596/2010, pointed out that in case of administrative sanctions imposed by the Inspective Labour Department (so called “Ispettorato del Lavoro”) for not registered employment relationships, the application of legality and non-retroactivity principles as well as the prohibition of analogical application of law requires the subjection of the unlawful behaviour to the law discipline applicable at the moment on which the offence took place;

The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has ....

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce.

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses to the network of employees and, in general, that are able to perform verification not agreed to with the trade unions and Provincial Labour Office.

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the Civil Code), having considered the organizational model adopted complying with Leg. Decree 231/01.

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.