Case Law

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, ....

The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive limitations, including dismissal) with precautionary appeal, without filing an ordinary appeal to the Labour Court, is not subject to the prescriptive time periods established by law. Facts ....

The Court of Cassation, with order No. 18292 issued on 3 September 2020, has pointed out that failure to arrange the relevant technical and organisational measures safeguarding the protection of the personal data of the data subject is comparable to the organisational fault linked to the failure to adopt an organisational model pursuant to Legislative ....