Case Law

The Court of Cassation, with the sentence no. 4879 of 24 February 2020 confirmed that the reinstatement protection provided by article 18, paragraph 4 of Law 300/1970 in case of “inexistence of the claimed fact” is also applicable in the case of inexistence of the claim or if the same contains facts different than those ....

The Italian Cassation Court with its sentence 6750 of 10 March 2020, observed that an employer who demoted and left inactive a worker reintegrated following a ruling of unlawful dismissal notified to the same, is required to pay any personal injury sustained. The facts The first instance Judge partially granted the claim submitted by a ....

The territorially competent Court, by judgment No. 106/2019 published on 3 February 2020, stated that the existence of A1 certificates creates a presumption of regularity of contributions of the posted worker. The facts An Airline company whose registered office is outside Italy brought an action before the Italian National Social Security Institute (‘INPS’), as it ....

The Court of Cassation, in its judgment No. 980 of 17 January 2020, clarified that, in the context of disciplinary proceedings, the state of illness cannot in itself be sufficient to justify the inability to attend the hearing requested in order to make oral counter-arguments in relation to the contested facts. Facts of the case ....

The Court of Cassation, with judgment No. 1394 filed on 22 January 2020, once again drew attention to the use and potential abuse of leave to assist disabled family members pursuant to Article 33, paragraph 3, of Law No. 104 of 1992. In particular, the Supreme Court, in affirming the principle that such leave is ....