Case Law

Constitutional Court, judgment no. 155 of May 21, 2014, stated the constitutional lawfulness of art. 32, par. 4, letter b), of Law 183/2010, considering fully reasonable the choices taken by the legislator with reference to the Article 3 of the Constitution.

The Court of Cassation, in judgment no. 27057 issued on December 3, 2013, stated that modifying employee’s holidays due to company needs is lawful provided that it has been communicated to the employee: a) with an adequate notice period, and b) before the beginning of the holidays. Failing this, the employee is not obliged to be available in that period.

With regard to the so called “Fornero” procedure the Court of Cassation, with judgment no. 10133/2014, clarified that the decree (which is immediately enforceable according to art. 1, par. 49, Law no. 92/2012) is subject to the ordinary rules of the civil challenge.

Court of Cassation, with judgment no. 9226/2014, specified that once the agent disregarded the exclusivity of the area assigned he/she is not entitled to claim the payment of commissions regarding bargains concluded by the company - directly or through other agents - in such area.

Court of Cassation, with judgment no. 9180 of April 23, 2014, moving away from a previous case law guidance (judgments no. 49/1997 and no. 6923/1996), stated that amounts paid by the employer are not exempted from social security contributions just because paid in compliance with a settlement agreement.