Case Law

Court of Cassation – criminal section, with sentence filed on April 12, 2001, stated that, concerning administrative liability of corporate bodies, the Company is liable even if the profit of the crime has been gained in a date before that Legislative Decree no. 231/01 becomes effective.

The Court of Bassano specified that the reasons for the supply of employees have to be interpreted according to rules which are different from the ones traditionally used to judge the reasons grounding the fixed-term contract.

The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt.

Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden.

Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the communication on the local notice board.