DLP Insights

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment of a health and safety officer (Rssp), whose role is to provide direct assistance in support of, and not in substitution of, the employer in identifying risk factors.

On 6 November 2014, the Chamber of Deputies gave final approval to the bill (S. 1612) to convert Decree Law No. 132/2014, which is aimed at improving the overall efficiency of civil lawsuits. Below is a summary of the main revisions.

In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is not breached in the case of a temporary hiring one month before dismissal.

In Judgment No. 23381, entered on 3 November 2014, the Court of Cassation held that it is permissible to provide for a new probation period under a second employment contract concluded between the same parties for the same job, where the called-for probation is designed to meet the needs of a more complete evaluation about the employee’s personal and not just professional aptitudes in relation to the definitive nature of the responsibilities assigned to him.

In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay civil penalties on social insurance contributions owed by the employer in the case of unlawful redundancy.