Case Law

Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden.

Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the communication on the local notice board.

Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the claim object or to the lack of specification of facts and de jure reasons, the precise individuation of the plaintiff’s claim through the assess of the claim, which is carried out by the judge, has to be impossible so that the defendant would not be able to perform an adequate defense.

Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative Decree no. 276/2003.

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship, in order to legitimate the measure.