Employment Courts and Bankruptcy Courts: allocation of jurisdiction
The bankruptcy courts have jurisdiction not only for disputes arising from a declaration of insolvency, but also for disputes which may have a bearing on the insolvency...
Mutual termination and collective redundancies
The Court of Cassation goes beyond its previous guidance on calculating the number of employees to be taken into account in the context of a collective redundancy procedure
Dismissal for poor performance
The Court of Cassation rules on dismissal for breach of contract and negligence
Dismissal for insubordination
The notion of insubordination in the context of the employment relationship
Case ref: Court of Cassation, labour section, order no. 13411 of July 1st, 2020
Disciplinary dismissal and reinstatement
Art. 18 of Law 300/1970, the remedy of reinstatement presumes the conscious abuse of the employer’s disciplinary power
Individual transfer and legitimacy requirements
The transfer of the worker is not subject to a burden of form.
Case ref: Court of Cassation, Employment Section, Judgment no. 12029 of 19 June 2020
The absorbability of the so-called superminimum
The Supreme Court of Cassation rules on the principles regarding the absorbability of the so-called superminimum
Case ref: Court of Cassation, Employment Section, Order No 10779 of 5 June 2020
Special paid leave and holidays
Special paid leave is not due, nor is it recoverable, in the case of concurrent holidays.
Case ref: ECJ judgment of 4 June 2020 C-588/18