Case Law

Court of Cassation, with the sentence no. 17204/2013, stated that the employer is exempted from the obligation to obtain the consent of the employee in order to carry out preliminary investigation aimed at exercise his/her right.

The Court of Milan, with sentence no. 2797 of July 9, 2013, stated that also the executives (so called “dirigenti”) have the burden to challenge the dismissal within the term– introduced by the labour reform – of 60 days from its written notice, in extrajudicial phase, and within the term of 270 days (reduced at 180 days by Law 92/2013), for the judicial phase.

The Court of Cassation, with note no. 20715 of September 10, 2013, stated that company’s mailing list can not be used to circulate trade unions’ messages strongly critical toward the company.

The Court of Cassation, with notes no.16493 and 16586 deposited on July 3, specified that the payments by the employer allocated to supplementary retirement fund are not considered in the determination of the TFR and the seniority indemnity, because these treatments have not the nature of wage and are not subject to social security contribution useful for retirement purposes.

The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because the employee has the right to refuse the performances that may cause a detriment of health.