Insights

Categories: Case Law

The Court of Cassation, in its judgement 21390 filed on 14 August 2019, stated that a company agreement signed to deal with a temporary increase in activity does not expire unless explicitly provided for and can be reused later. The facts The Court of Appeals with territorial jurisdiction upheld the decision of the lower court ....

Categories: Publications

The Court of Cassation reiterated that the judge’s review cannot also concern the merits of the employer’s management choices, and a minimum reduction in revenue, if objectively linked to the expulsion measure, can be considered suitable to justify dismissal. The background that the Court of Justice, with its judgement of 18 July 2019, No 19302, ....

Categories: Case Law

In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....

Categories: Case Law

The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event.   Facts of the case In this specific case, a company, faced with the refusal of one of ....

Categories: Case Law

The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved will have to perform. This is because, for the purposes of integrating the case of illicit labour brokering, it is not sufficient either to provide an analytical ....