Case Law

Categories: Case Law

There is no law in the Italian legal system establishing a legal minimum wage. In fact, the parameters for  ‘fair’ pay are defined by the Italian Constitutional Charter. Specifically, Article 36 of the Italian Constitution states that fair pay is pay which ensures the worker a free and dignified existence and is proportionate to the ....

Categories: Case Law

In its recent Order No. 25603 of 1 September 2023 the Italian Court of Cassation established that a worker who has suffered an accident at work, which is the subject of a subsequent settlement with the employer, can always request compensation for damages which occurred subsequently and were not foreseeable at the time of the ....

Categories: Case Law

The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads to a disability immediately after exceeding the protected period, but must make reasonable arrangements for the preservation of the job, in compliance with the principles of good ....

Categories: Case Law

By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related to the tasks for which they are employed, sick days attributable to harmful working conditions do not count towards the protected period. This applies even if the ....

Categories: Case Law

By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require the worker to prove that the transfer was unjustified if the new place of work is more than 50 km away from his/her residence. The facts of ....