Case Law

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no. 81/2015 implementing the Jobs Act, providing its interpretation on the matter. According to the Court job downgrading constitutes a type of “permanent illegality”, which is implemented and ....

The Milan Court, Employment Section, with her sentence, rejected an appeal submitted by three employees of our Client, who had challenged some conservative disciplinary sanctions inflicted on them (specifically suspension from work and pay), considering them disproportionate since the employer (i) had tolerated their minor breaches for years and (ii) had given them a warning ....

With its ruling 16592 of 7 August 2015, the Cassation Court declared disciplinary sanction null, specifically a fine, imposed by a clothing company on a salesperson who did not go to work the day of Epiphany, which at the time was during the week. According to the Cassation Court the worker, in accordance with article ....

With its ruling no. 17371 of 1 September 2015, the Cassation Court established that a probation period cannot be included in the employment contract, if the hired employee had already performed an identical job at a different company, but that company had had the same contract. The judges further stated that regarding this principle, it ....

The European Union Court of Justice – asked to rule on the EU directive no. 2003/88 concerning working time – established with its decision on 10 September 2015 issued for case C266/14, that journeys by employees with no fixed or habitual place of work (so-called travelling workers), from their homes to that of their first ....