Working time – Labour Territorial Office’s injunction decree
The Labour Provincial Office – DPL – (currently Labour Territorial Inspectorate – ITL) pronounced two injunction decrees towards a Company challenging some violations during the execution of working activity on Sunday and the changing of the day off during a different day.
With judgment no. 462 on February 13rd 2019, the Court of Appeal of Venice reformed the judgment of first instance and revoked said injunction decrees mentioning the judgment of the Constitutional Court no. 153/2014 which stated “the constitutional unlawfulness of the section 18-bis, clauses 3 and 4 of the Legislative Decree April 8th 2003, no. 66 (implementation of the Directive 93/104/CE and 2000/34/CE concerning some aspects of the organization of the working time) text introduced by section 1, clause 1, letter f) of the Legislative Decree July 19th 2004, no. 213 (amendments and integrations to the Legislative Decree April 8th 2003, no. 66, with regard to sanctions system of the working time)”.
The Court ascertained also the right of the Company to the restitution of the amounts paid on the basis of said decrees, condemning the Ministry to the payment of the legal interest of said amounts.
