Case Law

Categories: Case Law

The Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for transfer only in certain areas, the employer must prove it is impossible to relocate them in those offices to avoid incurring in the repêchage obligation violation. Facts ....

Categories: Case Law

The Cassation Court, in ruling no. 8809 of 4 March 2021, confirmed that an invoice bearing the performance of a provision of services for a contract which, de facto, conceals agency temporary employment, constitutes a document for inexistent transactions and amounts to the tax crime of false invoicing. Facts of the case The event was ....

Categories: Case Law

The Court of Mantua, in its ruling no. 112, filed on 11 November 2020, declared the absolute nullity of dismissal for justified objective reason with consequent applicability of reinstatement in the job that was notified in violation of the express ban introduced by the law decrees enacted to face the pandemic emergency from Covid-19. Facts ....

Categories: Case Law

The Cassation Court, in ruling no. 6915 published on 11 March 2021 ruled on the applicability of withdrawal for just cause from agency contracts as contained in art. 2119 of the Civil Code for employment contracts. The Supreme Court in confirming the applicability of this institution to agency contracts as well, underlined how, for the ....

Categories: Case Law

The Court of Cassation, with its order no. 2289 of 2 February 2021, declared the failure to inform the trade unions in advance of the criteria to identify the workers to be placed under the redundancy fund and rotation methods unlawful. Facts of the case A company in receivership appealed to the Court of Cassation ....