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European Observer on fundamental right's respect

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Case Law 16207/2008 (16/06/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 06/16/2008

Subject: On the base of the principle of function, the Court states that there is an abuse of the right to parental leave, provided by law n. 115 of 2001, art. 32, par. 1, lett. b), in case the right is exercised not for the direct care of the child, but to attend to another working activity, even if it has positive repercussions on the economic and social organization of the family; therefore, the parental leave used to attend to another working activity can be taken as ground for fair dismissal, also in the light of the ratio of the Directive (96/34/CE) from which the National law comes.

Original language: Italian

Classification: Solidarity - Art. 33 Parental leave

Text download Italian