The dispute decided by the Court of Cassation, sez. Labour, with the recent ruling of July 30, 2009, No. 17,778, relates to the demand for workers who are in a situation of "forced leave" unilaterally imposed by the defendant company sought the recovery of the employment relationship over damages to the professionalism relished.
Below is the maxim
"Workers have the right to conduct their own performance and not be left idle because the work is not only a source of livelihood, but also means the realization of their abilities and contribution to the progress and development of the social forum. Violation of this law is a source of liability for the employer is fully subject to the rules of contractual liability, it follows that if it ignores a specific intent to demean or degrade the worker by the deprivation of its duties, the responsibility must be excluded, as well as in cases where a ground of justification may find the behavior of the employer, in the exercise of powers guaranteed business from 'art. 41 cost. or disciplinary powers, even when the failure of the benefit derived by any other cause not attributable to the requirement, which remains burdened 's burden of proof thereof. "
