ITA 
Unused vacation leave can be used to interrupt the illness protected period
“The employee on sick leave is entitled to apply for the accrued and unused vacation leave, for the purpose of interrupt the illness protected period, since there is no incompatibility between illness and vacation leave. However, this right does not imply an obligation for the employer to accept the request.
Receipt of unemployment benefits does not exclude employment and is not deductible as aliunde perceptum
“Payments originating from the social security system that provides income replacement measures for employees are not deductible as aliunde perceptum from damages for non-establishment of the employment”.
The declaration of insolvency does not ope legis terminate the agency agreement
“If the pending agency agreement is terminated by a conclusive act, with the order that excludes the claims relating thereto from the insolvency of the principal, the agent shall be entitled to be admitted to it for the claims accrued by way of indemnity in lieu of notice and supplementary clientele payments”.
Thus, the Court of cassation, with its judgment no. 10046 of 14 April 2023...
Change in the service agreements, employee direct transition to the subrecipient and dismissal appeal
Corte di Cassazione, sezione lavoro, Ordinanza 6 febbraio 2023, n. 3564
Con l’ordinanza n. 3564 del febbraio 2023, la Corte di Cassazione torna a pronunciarsi sul dibattuto tema del cambio di appalto con passaggio diretto del dipendente presso l’azienda subentrante ed impugnazione del licenziamento.
Nel caso di specie la vicenda trae origine dall’impugnazione del licenziamento da...
On the concept of company dependence for the purposes of territorial jurisdiction.
The Court of Cassation returns to comment on the notion of place of business dependence pursuant to Article 413 of the Code of Civil Procedure for the purposes of determining the territorial jurisdiction of the labour court.
And so the Court of Cassation recalls how the jurisprudence of legitimacy has enucleated a particularly broad notion...
Lawful dismissal for using one day of union permit for personal purposes
Court of cassation 26198/2022. The use of a day of union leave to engage in personal activities unrelated to the function for which the leave was granted constitutes a disciplinary breach punishable by dismissal.
The dismissal served for refusing the medical check is lawful
Court of Cassation, Labor Section, Order No. 22094, July 13, 2022.
The dismissal of the employee who refuses to undergo a medical examination ordered by the company before granting new duties must be considered lawful.
Thus, the Supreme Court in its Order No. 22094 of July 13, 2022.
In the case at hand, the Court of Appeal had rejected...
The statute barred period always runs from the termination of employment
Court of Cassation 26246/2022.
The open-ended employment relationship, as edited by Law No. 92 of 2012 and Legislative Decree No. 23 of 2015, lacking the prerequisites of certain predetermination of the cases of termination and their adequate protections, is not assisted by a regime of stability. Therefore...
Dismissal in small companies: Jobs Act to be reformed to ensure higher protections
Corte Costituzionale sentenza n. 183 depositata il 22 luglio 2022
Risulta ormai indifferibile una riforma della disciplina relativa all’indennità risarcitoria prevista dal c.d. Jobs Act per i licenziamenti illegittimi nelle piccole imprese. Un ulteriore protrarsi dell’inerzia legislativa in materia “non sarebbe tollerabile” e indurrebbe la Corte costituzionale, laddove...