In determining the classification of a worker we cannot ignore the so-called three-phase process. Court of Cassation, Employment Section, Judgement 8 February 2021, no. 2972 The case originates from an appeal lodged by an employee to…
Continue reading → The so-called three-phase path for correct job classification
The expression "until the new National Collective Bargaining Agreement is signed” indicates the willingness of the parties to the contract to be bound by it until further negotiation and signing. The intent to express a final…
Compensation for damage to the professionalism of the worker does not constitute taxable income. It is, in fact, an injury that falls within emerging damage and not…
The reason inherent in the production activity referred to in art. 3 law no. 604 of 1966 is that which determines an effective downsizing of a…
Continue reading → The organizational reasons that determine dismissal for “economic” reasons
Court of Cassation, Employment Section, Judgement no. 811 of 19th January 2021 The potential damage of assigning duties that are assumed to be lower, must be measured with regard to the context in which such demotion comes into…
A worker, who in adhering to the union agreement accepts a demotion, cannot be dismissed Court of Cassation, employment section, judgment no. 701 of 18th January 2021 The employer may not unilaterally disregard the union agreement that - in…
Continue reading → Trade union agreement pursuant to art. 4(11) of Law 223/1991
The mere final cessation in the performance of the services arising from the employment relationship is not in itself suitable to provide evidence of dismissal,…
Continue reading → Oral dismissal: burden of proof on the employee
The subsequent dismissal of an employee who had been previously reinstated and then transferred to a business unit in which a reduction in staff had already been planned, was found to be null and void Court of Cassation, Employment Section, Judgment…
The Judge may not replace the employer in deciding on the level of disciplinary sanctions, except to reduce them to within the permitted limiti or at the request of…
Continue reading → Disciplinary sanctions: limits to the Judge’s power to redetermine them
With the judgment under discussion, the Court of Cassation confirms the rule that, in presumptive evidence, the onus of proof is on the plaintiff to provide evidence of…
