Case Law

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 ....

With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed against an employee, dismissal of such employee is considered illegal, with his consequent right to be reinstated in his job (in addition to payment for damages).

With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by the taxpayer for omitted or late payment of contributions or insurance premiums, are part of the category of civil penalties.

With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot dismiss a worker for poor performance.