Case Law

The article 14 of Law Decree "destination Italy", into force since 24 December 2013, has heavily increased the penalties for undeclared and irregular employment and the violations of rules on daily and weekly rests and working time.

Court of Cassation, with sentence dated November 5, 2013 and filed on January 17, 2014, stated that severance payment accrued by the employee during the ordinary layoff intervention has a social security nature, and not a retributive one.

Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.

Court of Cassation, with sentence no. 28311/2013, stated that the difference in assessing the professional skills of the employee by the employer must not come to the denial of an economic incentive without a suitable justification.

Court of Cassation, with sentence no. 26398 of November 26, 2013, stated that the company who allows employee to skip rest shifts is not obliged to refund the biological damage if this was not proved.