Case Law

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art. 4, paragraph 9 of Law 223/1991, which constitutes a “procedural violation”, the indemnity protection quantifiable between 12 and 24 months’ salary is applicable after the employment termination ....

The Supreme Court of Cassation, in its Order no. 17051, published on 16 June 2021, stated that if a dismissal is declared unlawful, the aliunde perceptum resulting from a work compatible with that carried out in favour of the employer ordered to reinstate the employee should not be deducted from the appropriate compensation. Facts of ....

The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion falls on the transferee who used the service and not the transferor. This case follows a judicial application for investigations into a demotion by an employee who ....

The Court of Cassation, in ruling no. 12932/2021, reiterated that the waiver of notice period by the employee and the related substitute allowance, formalised by a settlement agreement made after the notice of dismissal, does not affect the obligation to pay social security contributions to INPS. Facts of the case In this case, a bank, ....

The Court of Cassation, in its ruling of 6 May 2021, no. 12040, declared that it was legitimate to limit the scope of a collective dismissal procedure to the production units undergoing reorganisation instead of covering the entire company workforce. Facts of the case In December 2016, a company initiated a collective dismissal procedure, limiting ....