Legitimate dismissal of employee who offends colleagues and employer via e-mail
The Court of Appeal, with sentence no. 26682 of 2016, has established that the employee’s conduct constitutes a serious denial of employment relationship trust. The employee, which in numerous emails sent from the company account, used vulgar statements regarding the legal representative and other collaborators, with accusations of incompetence and impropriety with the use of […]
Collective redundancies: various judgments for the same criterion of choice.
In the last months of 2016, a large Italian company, which provides call centre services, put in place a collective redundancy procedure, which involved employees from the Rome and Naples offices, judged economically no longer profitable.The trade unions have agreed on the fairness of selection criteria adopted by the employer, as well as compliance by […]
The intention to improve profits can also be sufficient grounds for laying off personnel
The dismissal of individual workers in certain cases which are justified in Article 3 of Law number 604, 1966, can be considered to be legitimate even when the company is not suffering from economic difficulties.Indeed, when a company dismisses workers it doesn’t necessarily have to be based on the fact that business is low, because, […]
Late dismissal does not invoke reintegration
The dismissed worker often invokes late dismissal to be reinstated regardless of the existence or otherwise of the behaviours attributed to him, identifying in the immediacy of the disciplinary dispute a constituent element of employer withdrawal.Several decisions by the Supreme Court upheld this thesis, while others have instead denied giving weight to the defect of […]
Tax credit on the cost of personnel engaged in training 4.0
With the Budget Law 2018 (Law 205/2017), the Italian legislator, continuing on the incentive path initiated with the introduction of significant tax and social contributions relief for entrepreneurs who activate corporate welfare plans through the stipulation and subsequent execution of union agreements of the 2nd level, has intervened in the field of Industry 4.0, again […]
The form of dismissal. In short, the state of the art on the modes of communication of dismissal.
Pursuant to art. 2 of the law 604/66 the dismissal must be communicated in writing. But the law does not impose a particular mode of communication, nor does it establish the need for subscription. Therefore, although certainly preferable to use registered mail with return receipt, you can also communicate dismissal by other means (see. Civil […]
Productivity award. When the employer does not out the objectives to be achieved
As a rule, the collective contracts, in establishing the productivity award, identify the criteria for quantification and accrual, or assign them to the contracting company. However, it is also possible that the collective negotiation assigns the task of identifying the objectives for the attainment of the right to the award in favour of workers to […]
ITL (Territorial Work Inspectorate) circular regarding video surveillance and biometric recognition systems
The cameras, in certain cases, can directly film the workers. On the other hand, no authorizations or union agreements are required for biometric recognition systems.As is known, article 4 of law no. 300/70 has been modified by article 23 of Legislative Decree no. 151/2015 and the subsequent article 5, paragraph 2, of the legislative decree […]
Even silence can help to create a new corporate union representation
An employer who does not want to recognise a new company union representative should not limit themselves to being silent in the face of exclamations, expectations and initiatives of said representative. Their silence could be interpreted as assent to the constitution of the new RSA (Company Union Representative): with consequent recognition in favour by them […]
Short-term injuries. From October 12th, any injuries must be reported to Inail
The decree from the Minister of Labour no. 183/2016 – establishment of the national information System for prevention in the workplace (SINP) – establishes the obligation of the employer to communicate to Inail, electronically and within 48hrs from receipt of a medical certificate, the injuries of employees obtained at work that foresee a duration of […]