Case Law

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.

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.

Court of Cassation, with sentence no. 4258/2012, stated that the dismissal of an executive who uses the password of others to enter into the company system is unlawful if that is a normal practice in the office, confirming the decision of the Court of Appeal of Milan.

Court of Cassation, third civil section, with sentence no. 3959/12 filed on March 13, 2012, confirmed the validity of the notification sent to the former company registered office, should not the transfer of the registered office in a different province, though remarked on the company certificate issued by the Chamber of Commerce, have been announced also through the deletion of the former registered office from the Register of the Companies.