Case Law

The Court of Milan, with the sentence of 23rd June 2010, confirmed its previous guideline of December 2005 stating that the variable compensation has not to be considered part of the so called “substantial salary” of employees, executives and freelancers.

The Court of Cassation confirmed that the expiration of a fixed-term employment contract could be extended one time only and as an exception.

The Court of Cassation hasn’t recognized that an accident so called “in itinere” occurred (and has denied the relevant restore) to a worker who used to go to work by motorcycle and not by public means of transport.

The Supreme Court, with the order no. 17720/2010, stated that the minutes of the social security institutions’ officials are to be considered as evidence of the circumstances that the officials certify as occurred in their presence, whereas, with reference to the other circumstances indicated, the probative material is valuable and appreciable by the judge.

The Court of Cassation stated that the employer is entitled to refuse to hire a disabled worker whether if the latter has an employment status different from the one required by the employer itself or just a “similar” status, i.e. not exactly equal to the one requested.