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 […]
Video surveillance only with Trade Union agreement
Companies can install video cameras that involve controlling work activities only with the agreement from the Trade Union or with the alternative administrative authorization provided in article 4. Legislation 300/70. Agreement from all workers involved is not enough. It has been reaffirmed recently by the Supreme Court, with sentence no. 22148 of 2017.
Retaliatory dismissal: a company’s desire to make workers redundant has to be proved
By Sentence number 14456, published on 9 June, 2017, the Supreme Court established that retaliatory dismissal can only be annulled if the worker can prove that the redundancy was based on retaliation: in other words that the worker was fired only as a consequence of his or her undesirable behaviour as perceived by the employer, […]
More privacy in companies from May 2018
In just almost two years, starting May 25th of 2018 companies will have to comply to new European Regulation on personal data protection, which reinforces the protections already provided by Italian laws on privacy. These are the main changes:– the introduction of a company manager, who will need to control the compliance with the privacy […]
Jobs Act also for the self-employed
The new Jobs Act for self-employed workers has introduced new rights and forms of protection in favour of professionals with VAT identification numbers.Among the many novelties, a few outstanding ones are: the rights of professionals to apply an interest rate on arrears (currently 8%) for unpaid bills, and furthermore, the ban on making agreements to […]
The new vouchers
From July 10th the new vouchers can be used, or, to better put it, the two new tools provided to pay for the casual labour carried out for families and businesses. Respectively the “family booklet&rdquo
Employees using internet for personal use can be controlled from a distance
The Court of Appeal, with sentence no. 14862 of 2017, has established that the employee who repeatedly uses internet for personal use can be controlled from a distance by their employer, who in this case is free from the constraints provided in article 4 of Legislation 300/70.Therefore, the dismissal of the employee in his case […]
Social enterprises cannot pay their workers more than 40% of what has been previously stipulated by collective contract.
Article 2, letter b of legislative decree number 112 of 2017 holds indirect distribution of profits to be illegal for social enterprises, “both employed and self-employed personnel cannot receive pay or compensation greater than 40% of what has been previously stipulated by collective contract, with the same qualifications.”This norm provides, however, that one may derogate […]
The employee who commits more disciplinary offences punishable by conservative sanctions may be dismissed
One can justifiably dismiss an employee who has committed shortcomings punishable solely with conservative sanctions, if done individually and under the applicable collective agreement.The Court of Appeal has established this with sentence August 3rd ,2017 no. 16217.The judges’ decision in favour of the legitimacy of the dismissal for multiple shortcomings had been challenged before the […]
Contributions and conciliation
Social Security contributions in case of conciliation for amounts not paid in the case of a title independent from previous contractsThe Supreme Court wishes to analyze once again if amounts of money used to end a contract are subject to contribution. They wish to take a new look at the principle according to which if […]