Case Law

Court of Cassation, third civil section, with sentence no. 3959/12 filed on March 13, 2012, confirmed the validity of the notification sent to the former company registered office, should not the transfer of the registered office in a different province, though remarked on the company certificate issued by the Chamber of Commerce, have been announced also through the deletion of the former registered office from the Register of the Companies.

Court of Cassation, with sentence no. 8555/12, stated the liability for the crimes of robbery and damage in the case the employee deletes or damages company files, being irrelevant the following recovery of the items through the intervention on payment of a specialized technician.

Court of Cassation, with sentence no. 1411 of January 31, 2012, restated that, in the case an employee obtains the conversion of a fixed term employment contract into an open-ended one, he/she is not entitled anymore to receive an amount by way of damages equal to the wages he/she should have received in the period included between the termination of the relationship and the sentence.

Court of Cassation, with sentence no. 2419/2012, stated that employer who has intention to exercise of the contributive exemption on kilometers reimbursements to the employee is not obliged to give an analytical proof throughout a monthly sheet or other similar document.

Court of Appeal of Rome, with sentence no. 267/2012, stated that employees who obtain the conversion of a fixed-term contract into an open-ended term contract are entitled to two kind of damages: indemnity in lieu of notice period set by the so called “Collegato Lavoro” and a further damage, i.e. an amount equal to the salary the employee would have accrued from the date of the filing of the judicial appeal to that of the sentence.