Case Law

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.

Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure.

Court of Cassation, with sentence no. 22334/2011, stated that de facto administrator of a company is liable for breach of rules regarding work safety but solely in the circumstances of proof of interference in managing the company.