Insights

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

Social security contribution reliefs on performance bonuses for 2009 are still unavailable.

The General Department for the inspection activity of the Welfare, Labor and Health Ministry, with deed no. 69 of 10 September 2009, clarified that those employees who have been hired with apprenticeship agreements are entitled to receive, at the same time, the additional contribution called “piccola solidarietà” as well as the extraordinary pay addition treatment.