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Transfer
of company: loss of benefits for “mobilità
Corte di
Cassazione, April 27,
2017, n. 10428
Corte
di Cassazione, with judgement no. 10428/2017, has stated that the
incentive for
hiring employees in mobility treatment is not to be applied in case of
transfer
of company (even if within a bankruptcy procedure). The incentive is
instead to
be granted in case of transfer of specific company assets. - -------------------------------------------------------------------------------------------------------------------------------
Termination of disabled employeesCorte di Cassazione, April 28, 2017, n. 10576Corte di Cassazione, with judgement no. 10576/2017, confirmed that, in order to terminate the employment relationship of disabled subjects due to a developed unfitness to perform their duties, such unfitness must be certified by the medical commission as per Law 104/1992. The opinion of the doctor appointed by the company is not sufficient.
Family check for the separated fatherCorte di cassazione, sentenza 11 maggio 2017 n. 11569Corte di Cassazione, with judgement no. 11569/2017, confirmed that INPS must provide family check also to the separated father who did not obtain custody of children.
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Unlawful project-based employment contract: evasion of social contribution dutiesCorte di cassazione, March 13, 2017, n. 6405Verification of the existance, between parties, of a subordinate employment relationship instead of a project-based contract configures a case of evasion of social contribution duties and not the milder case of omission to pay social contribution.- -------------------------------------------------------------------------------------------------------------------------------
Injury: notion of “occasion of work”Corte di cassazione, April 3, 2017, n. 8597An injury may be work-related also when it happens fortuitously, without any liability for the employer, and still be deemed to have happened in connection with work. What matters, for this purpose, is that the injury takes place while the employee is actually performing work activities in the moment of injury.