Case Law

The Constitutional Court, with its ruling no. 254 filed on 26 November 2020, declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions concerning collective redundancies which violated the selection criteria. the Board considered the judge’s reasoning on the relevance insufficient and any request for corrective action ....

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee’s declaration may be considered as a waiver if the settlement agreement was issued with awareness of determined or objectively determinable rights and with a conscious intent to waive or settle them. Facts of ....

The Supreme Court of Cassation, by Order no. 18959/2020, confirmed that the interest in posting may also be of a non-economic or wealth nature in the strict sense, but also of a solidaristic type. The important thing is that it does not turn out to be merely third party temporary work. Facts of the case ....

The Supreme Court of Cassation, with its ruling no. 19846/2020 underlined the need to grant the worker the possibility to fully exercise his right to defence. This right is to be understood as the possibility to have – at a later time after the initial filing of written justifications without request for oral examination – ....

The Supreme Court of Cassation, by Order no. 17167/2020, considered the personnel selection process that requires involved candidates to produce their criminal status certificate as lawful. Facts of the case The facts in question regard a company’s failure to hire a candidate who had previously worked there with a temporary employment contract. Specifically, the worker, ....