The trade contract has been renewed
Important changes regarding hour-flexibility and fixed-term contracts.On 30.3.2015 CONFCOMMERCIO, FILCAMS – CGIL, FISASCAT – CISL, UILTUCS – UIL signed the agreement hypothesis for the renewal of the c.c.n.l of Tertiary Trade and Services, which has been active since April 1st 2015, with validity up until December 31st of 2017.Among the changes, there has been a […]
When one may dismiss a disabled employee
The Appeal (sentence 10576/17) has recently declared the dismissal of a disabled employee due to worsening of health conditions as unlawful, obligatorily accepted under legislation 68/99, as it is only arranged on the basis of the judgement of unsuitability expressed by the specialist doctor to the duties, without the consent of the medical commission ex […]
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, […]
New jurisprudential orientation: death must always be compensated for
The jurisprudence of the Supreme Court regarding thanatological damage (for the loss of a life) changes courseIt was primarily maintained that should someone lose their life suddenly, they would not be entitles to any compensation from the manager and couldn’t transmit their right that hasn’t had time to mature while living. Only those who have […]
Administration on-call
FLEXIBLE WORKADMINISTRATION “ON-CALL”The new National Labour Contract for administration businesses allows for temporary and “on-call”” administrationA new step has been taken towards even more work relationship flexibility with the new article 51 of the agreement on CCNL renewal for administration companies that forecast experimentally, for tourism sectors, large-scale organised distribution, food logistics, agriculture, telecommunications and […]
Anti-paedophilia regulation
WORK IN DIRECT AND REGULAR CONTACT WITH MINORSThe employer must request the certificationValid only for employments succeeding April 7thLegislative decree no. 39/2014 obligates the employer to acquire the penal certificate of employees involved in activities involving direct and regular contact with minors. The certificate, which needs to be requested from the Judicial Records present at […]
The lottery of work tribunals
On March 3rd, 2012, the Corriere della Sera published an interesting article by Pietro Ichino and Paolo Pinotti, on page 58. It is titled “Work tribunals, a Russian roulette. Compensation is better than a judicial outcome”” but could also be titled “”Abandon all hope of legal certainty ye who turn to the Labour Courts.”” Yes, […]
Jobs Act ” first act
JOBS ACT, FIRST INTERVENTIONSFixed term contract with causeSimplifications also on the subject of apprenticeships and furtherWith the leg. dec. March 20, 2014, no. 34, the new government has changed the subjects of fixed term contracts, apprenticeships, checking regular tax contribution and solidarity contracts.Fixed term contract. The criterion of causality has been superseded: it is now […]
Compensation in case of conversion of a contract from fixed term to non-fixed.
A worker who has been hired illegitimately for a fixed term, in addition to always being entitled to the conversion of the permanent contract (contrary to what was established by Article 32 of Law No. 183/2010), can obtain, for the period included between the termination of the fixed term relationship and the ruling that ascertains […]