Case Law

The Court of Cassation, with sentence n. 12596/2010, pointed out that in case of administrative sanctions imposed by the Inspective Labour Department (so called “Ispettorato del Lavoro”) for not registered employment relationships, the application of legality and non-retroactivity principles as well as the prohibition of analogical application of law requires the subjection of the unlawful behaviour to the law discipline applicable at the moment on which the offence took place;

The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has ....

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce.