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 […]
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 […]
Facebook and porn-sites as reasons for dismissal
The worker on Facebook has also disparaged the companyThe Milan Court, labour-sector, with an order dated August 1st of 2014 and signed by Dr. Chiara Colosimo, has considered the dismissal of the worker with the just cause that, during working hours and using a company computer, the worker frequented porn sites and posted a photo […]
Undeclared employment is sufficient grounds to shut down a company.
It is not necessary to “seriously and repeatedly violate the rules on safety measures on the worksite”Article 14, Legislative Decree number 81/2008 authorizes the Provincial Labour Office to shut down a company in two hypothetical cases: 1) if the company employs personnel without the necessary documentation, if the number of illegal workers is equal or […]
Contributory omission and unjust dismissal
ONLY IN THE CASE WHERE DISMISSAL IS DECLARED NULL OR INEFFECTIVE SHALL SANCTIONS BEGIN FOR CONTRIBUTORY OMISSION.Said sanctions do not occur in case of dismissal without just cause or a justified motiveThe united divisions of the Court of Appeal, with sentence no. 19665 of September 18th, 2014, have established that even in relation to dismissals […]