DLP Insights

On March 29, the Decree of the Prime Minister, approved on January 22, was published on the “Official Gazette”.

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with the Unions for the choice of the employees to be dismissed can be just one and it can be represented by the imminence of retirement, if it allows to make a strict classification and it can be applied and controlled without employer’s discretional choice.

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for different duties, but it can dismiss him/her when equivalent duties to be assigned do not exist.