Case Law

Court of Cassation, with sentence no. 16192/2011, stated that oral quarrel among colleagues including “some push and jerk” does not justify a disciplinary dismissal of both “rivals”.

The law which states the doubling of the terms for the expiration of the tax assessment action within tributary crime is in compliance with the Italian Constitution, even if the statement of the crime was pointed out when the ordinary terms were already expired.

In the circumstance a person carries out an activity being shareholder and has been appointed as director in a limited company of the commercial sector, it shall take into account which is the predominant activity between those mentioned above and the possible coexistence of different pension scheme on the same subject in order to establish if the registration in the relevant pension scheme is compulsory or not.

The apprenticeship reform, besides the confirmation of the existing economic incentives, sets the chance to hire employees who are included in unemployment lists as apprentices.

Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an employee of the superior duties regarding the mentioned job places – each one for a period shorter than that one referred to in art. 2103 of Italian Civil Code - assumes to be caused by real organizational need, aimed to maintain the interruptive effect of the revocation of the superior duties’ assignment.