Case Law

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent ....

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and contributory regime. The Supreme Court, overruling its previous stance, consolidated as from judgement No. 396/2012, stated that “habitual travel allowances, payable to operators who, by contract, must ....

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee’s old address of residence is valid if he/she failed to communicate the change of residence within the terms referred in the National Collective Bargaining Agreement (CCNL). In this specific case, the employer, ....

The Court of Cassation, with judgement No. 23846 filed on 11 October 2017, intervened on the qualification of a self-employment relationship as employment. In the specific case, the Court of Cassation stated that subjugation to managerial and disciplinary power cannot be an exclusive criterion to determine whether employment is or is not occurring. This is ....