Case Law

The Court of Rome, with sentence no. 8841 of May 15th, 2012, stated that the suspension - provided for by the Law no. 10/2011 (law which converted the so called “Decreto Milleproroghe”) - until December 31st, 2011 of the new terms of claiming, established by the art. 32 of Law no. 183/2010 (so called “Collegato Lavoro”), is not referred to the flexible contracts (among others, staff leasing contracts, fixed-term contracts and contracts on project basis).

Court of Cassation, with sentence no. 5241/2012, specified that companies which did not execute the risks assessment may not enter into fixed-term contracts.

Court of Cassation, with the decree no. 6721 of 4th May 2012, as opposed to the previous case-law orientation stated from the United Sections of the Supreme Court, specified that, in order to challenge the collection notice issued on a measure notified by mistake, it is necessary to trigger a formal claim challenging the both deeds.

The Supreme Court, with the sentence no. 6588 of 30th April 2012, stated that the invalidity pensions may be converted to retirements only if there are the relevant requirements.

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.