A temporary use does not negate the "unemployed" and hence the temporary to be considered in all respects as unemployed. And 'as established in Supreme Court (Case No. 48361/2008), stressing that "a temporary and precarious employment relationship can not be considered sufficient to do undermines the requirement of the state of unemployment." Following this principle, the Court annulled a double sentence for the crime of false ideology that the lower courts had imposed a worker who had concealed his temporary employment as a medical assistant at Asl Taranto, in view of participation in a public competition. The affair was over in the prosecution following a complaint by the local health authorities who had then claimed damages. It followed a conviction at first instance and on appeal for the crime of false ideologies of a public to be misled by public officials. The criminal conviction followed also ordered to pay damages in favor of ASL. Using the worker to the Supreme Court invoked the law of the State Council according to which a precarious employment does not negate the state of unemployment. Piazza Cavour has turned out the decisions of lower courts overturned the decision under appeal "because the crime does not exist" and clarifying that "a precarious employment relationship can not be considered sufficient to do undermines the requirement of unemployment, which is required under art. 12 L. 482 of '78 for the privileged participation in public competitions. " Moreover, even if the employee "had correctly reported their status on a provisional assignee of the post of assistant health at the local health authorities, that would have resulted in his removal from the list of unemployed persons kept by the office of the provincial work."
(Date: 31/12/2008 10.02.00 - Autore: Roberto Cataldi)
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