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Absenteeism is a "progressive training" non-fulfillment and seriously affects the relationship of trust between worker and employer.

  • 19/05/2021

The Court of Cassation, Labor Section, with sentence no. 11635 established that the absentee behavior of the employee, even before the so-called “Madia reform”, determines a serious form of disciplinary responsibility for poor performance, which constitutes a long-term and pluri-existent contractual breach. In such cases, the deadline for initiating the disciplinary proceedings begins not from the knowledge of the first lack but from the moment of the legally relevant fact consisting in the continuation of an insufficiently productive service. In fact, poor performance at work is the consequence of an unjustifiably discontinuous presence in the office and in any case determined by negligent behavior and non-compliance with service obligations.

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