Insights

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses to the network of employees and, in general, that are able to perform verification not agreed to with the trade unions and Provincial Labour Office.

Effective 1 April 2010 the "Unique Notification for the establishment of enterprise" is mandatory. It was introduced by art. 9 of Law no. 40/07 and must be used for all fulfilments on the Company Register, Tax Agency, INPS (Social Security Admin.) and INAIL (National Insurance against Injuries at Work) for the start up of companies.

Case law intepretation focuses on administrative liability of legal entities.