DLP Insights

The Court of Voghera, with the decision of March 14, 2013, confirmed that when the dismissal for just cause is not proportioned to the employee’s behavior it is unlawful, but implies just a compensation and not the reinstatement if the contested behavior occurred and the collective agreement does not provide a conservative penalty for the employee’s lack.

Court of Cassation, with sentence no. 8863 of April 11, 2013, stated that within a contract of services the employment relationships are not charged on the principal if its employees, having though unlawfully exercised the directive power on the contractor employees’, were not empowered with the necessary powers to behave in the name and on behalf of the company.

The Ministry of Labour, with note no. 7258 dated April 22, 2013, specified that the national collective agreement may introduce derogatory disciplines to the jointly liability but only for wages treatments.

On April 22, the Ministry of Labour publicized the vademecum that represents the summary of the meeting between the General Direction of Ministry Inspective Activity and the National Council of Labour Consultants that took place on February 7 and 8, 2013.

Court of Cassation, with sentence no. 9073/13, stated that the missed reinstatement of the employee unlawfully terminated has to be indemnified by the employer with a pecuniary sanction equal to 20% of the wages to be paid by way of damages.