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Review of Italian jurisprudence on labour law

With decision dated September 10, 2021, the Supreme Court ruled that to determine the amount of the severance indemnity (known as a “TFR” - "Trattamento di Fine Rapporto" in the Italian legal prance), witness evidence is admissible in order to demonstrate the payment of the salary in cash ("out of pay-slip") provided that in the relevant chapter of evidence it is clearly indicated the circumstances of time and place in which the amounts would have been perceived. Kindly note that the severance indemnity - which is due in any event of termination of the employment relationship for whatever reason - is approximately equal to one month of salary for each year of service.

The Court of Venice found lawful the dismissal of an employee who had used the company PC during working hours to access unsafe sites, thus exposing the company to hacking practices (decision of 6 August 2021).

Recently, the Court of Milan stated that before suspending form work an employee who refuses to undergo the vaccine from service and pay, it is within the employer's responsibility to verify the existence of alternative job positions in the company (decision of 15 September 2021).

Avv. Guido Brocchieri

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