Case Law

The Labour Division of the Supreme Court of Cassation, with ruling no. 31159 published on 3 December 2018, stated that when carrying out different tasks from those established in the probation period, dismissal of the employee due to failure to successfully pass the probation period, whenever unlawful, does not lead to the reintegration but to ....

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an agent whose commission is based on the commission earned by the sales network he/she coordinates, should not to be taken into account in the calculation of the ....

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave. The Facts An employee who was involved in an accident in the workplace and was prescribed a rest period of 15 days using medical supports and ice ....

With its order 24139/2018, the Court of Cassation clarified that in order to render the office of a company’s director gratuitous rather than remunerated, a lack of requests for payment is not sufficient, as a specific clause indicating the gratuitous nature of the director’s services must be included in the contract or the company’s articles ....

On 26 September 2018, the Constitutional Court announced in a press release that it had declared art. 3 of Legislative Decree 23/15 (“Provisions governing open term increasing protections employment contracts implementing Law no. 183, 10 December 2014”) constitutionally unlawful in the part that is not amended by Legislative Decree 87/2018 (the “Dignity Decree”), converted into ....