Case Law

The Court of Cassation, Fourth Criminal Section, with sentence no. 35934 of 9 August 2019 addressed the case of an accident involving an “off-the-books” worker. The Court of Cassation, confirming the decision regarding the substance, recognized both the liability of the legal representative of the company, in his capacity as employer, and the administrative liability ....

The Court of Appeals of Milan, with sentence 908 of 2 September 2019, addressed the issue of the validity of the non-competition agreement subject to the right of option under Article 1331 of the Italian Civil Code for the employer. Facts of the case The case in question originates from the appeal filed by an ....

The Court of Cassation, in judgement 21357/2019, stated that a company cannot unilaterally withdraw from the collective agreement signed by the employers’ association to which it adhered before its expiry. This, even though this contract has become too expensive over time. The facts The Court of Appeals of Turin upheld the decision of first instance ....

The Court of Cassation, in its judgement 21628/2019, stated that extending the lunch break beyond the time allowed and not having completed the work is more serious than absence from work. The facts A postman was fired for “having been remained on two occasions with others well beyond the anticipated lunch period, while leaving the ....

The Court of Cassation, in its judgement 21390 filed on 14 August 2019, stated that a company agreement signed to deal with a temporary increase in activity does not expire unless explicitly provided for and can be reused later. The facts The Court of Appeals with territorial jurisdiction upheld the decision of the lower court ....