Case Law

The Court of Cassation, with order No. 13613/2020, has ruled that the employer is under an obligation to pay to the chief physician the unused holidays unless the employer is able to prove to have put the chief physician in the position to be able to use any such annual leave, informing the latter in ....

With order no. 16135 of 28 July 2020, The Court of Cassation stated that meal vouchers were not remunerative and that their issue may be unilaterally interrupted by the employer. The facts of the case The legal case originates from an appeal filed by a worker with the court to (i) declare the unilateral decision ....

The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the “mitigated” reinstatement protection (with employment re-establishment and compensation up to a maximum of 12 months’ salary) in cases with no underlying cause for dismissal for objective justified reasons. Facts The case in question originates ....

The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company sale, if such transfer is declared unlawful. The case law orientation on this issue has been in conflict for a long time. According to a recent ruling ....

The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered the company that exercises authority over an employee, bears the corresponding wage cost and possesses the actual power to dismiss the employee, and not the company that ....