ITA 
Reinstatement in case of violation of the repêchage duty
Published on Sole24Ore – Nt Lavoro – on 16/04/2024. On the matter of dismissal for objective just reason, the “non-existence of the fact” – hypothesis including the impossibility of relocating the employee elsewhere – implies the reinstatement of the employee, without the assessment of the existence...
Limited burden of proof for the injured employee
Published on Sole24Ore- NT Lavoro – on 10/04/2024. The employer is fully responsible for the injury that is a result of failure to comply with accident preservation regulations, with the exemption of those cases where the employee’s conduct was...
Employee dismissed for working at spouse's shop during sick leave
Published on Sole24Ore – Nt Lavoro – on 02/02/2024. An employee who, while on sick leave, works the spouse's shop is liable to dismissal if such conduct constitutes a breach of the general duties of fairness and good faith...
Intra-company service agreement unlawful without organization and risk
Published on Sole24Ore – Nt Lavoro – on 04/12/2023.
The prohibition of intermediation and interposition of labor in the context of "intra-company" services agreements operates whenever the contractor
Challengeable the settlement signed before the Prefect
Published on Sole24Ore – Nt Lavoro – on 08/09/2023. The settlement signed before the Prefect does not fall under the cases referred to in Art. 2113, last paragraph, of the Civil Code, including that referred to in Article 412-ter of the Code of Civil Procedure.
Transferee not responsible for employee credits termined before the business transfer.
Published on Sole24Ore – Nt lavoro – on 26/07/2023. The solidarity regime under Article 2112 of the Civil Code presupposes the existence of the employment relationship at the time of the business transfer.
Thus, the Court of Cassation, in its judgment no. 21961 of 21 July 2023.
The determination of the day form which the limitation period for bringing an action for damages arising from a professional illness begins
Published on Sole24Ore – NT Lavoro – on 30/05/2022.
An action for damages arising from a professional illness is time-barred from the time at which the employee or his heirs can reasonably be deemed to have perceived the illness as unfair damage resulting from unlawful conduct of the employer.
Less compensation if the dismissal is based on an incorrect assessment by the local health authority
Published on Sole24Ore – NT Lavoro – on 17/05/2023. The company that inflicts an illegitimate dismissal based on the erroneous judgement of the employee’s physical unfitness to work, formulated by a public health authority on the basis of Article 5 (3), of Law 300/1970, is deserving of compensation limitation. Thus, the Court of Cassation, in its judgment no. 11248/2023 of 28 April.