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Permits under Law 104: legitimate dismissal of the worker taking advantage of them
- 15/04/2019
Worker behavior that take advantage of work permits acknowledged, pursuant to Law n. 104/1992, in order to provide assistance to a disabled family member, constitutes an infringement to the fiduciary obligation, which is indispensable to the correct prosecution of the employment relationship, and it is suitable to legitimize, therefore, its dismissal.
This is the principle stated by the Court of Cassation which, in order no. 2743 of 30 January 2019, rejected the appeal of a worker who was surprised spending some days far from the place of assistance of the disabled family member, and for this reason was fired by the employer.
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