Case Law

The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without the assessment being made final, which can be challenged. With order no. 23744 of 29/07/2022, the Court of Cassation confirmed this, and stated that the warning notice ....

In ruling no. 26246 of 6 September 2022, the Court of Cassation resolved the legal contrast about the statute of limitations start date for employee claims in companies with more than 15 employees, clarifying that, after Law no. 92/2012 ( “Fornero Reform”), the statute of limitations no longer starts during the employment relationship. Facts of ....

In its ruling no. 20 of 27 May 2022, The Court of Udine stated that absence from work without providing any justification to force the employer to dismiss for unjustified absence, is unlawful. Such conduct constitutes resignation by facta concludentia, even without complying with the electronic procedure. The Court ruled that a worker who did ....

In its order no. 22115 of 13 July 2022, the Court of Cassation stated that the Court’s assessment of similar situations for evaluating unreasonable inequality can only be based on allegations present in the case, such as to allow an investigation and a viable comparison. Facts of the case A worker was dismissed because of ....

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the system of protection for cases of unlawful dismissal in companies with less than 15 employees. The issue raised The Rome Court of First Instance, acting as employment ....