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 […]
If you record me I will fire you … even if you feel bullied
Court of Appeal – Labour Division – Sentence October 2nd – November 21st of 2013 no. 26143The dismissal of those who record the conversations of their colleagues without their knowledge is legitimate. For this reason the Labour division of the Court of Appeal has confirmed, with the sentence of October 2nd – November 21st of […]
Representation: confederal-confindustria agreement
Confindustria and confederate trade unions have signed a Consolidated Law on Representation, which, as delivered in their joint statement, “constitutes a true and unique law on the subject of trade union representation composed of four parts which regulate: the measurement of union representation at national and company level; the methods aimed at guaranteeing the effective […]
If a person gets fired and then rehired, there is no deduction from his or her pension plan
Supreme Court – Civil Section VI – Ordinance of January 28, 2014 no. 1725In the case of illegitimate redundancy, the employer cannot deduct the worker’s retirement pension money from the amount due for compensation for damages, pension money which, after having been rehired, the worker will give back to the employer such that it will […]
Height and discrimination
NO DISCRIMINATIONBeing short is no obstacle to being a train conductorThe Supreme Court reassures vertically challenged workers by ruling that they can perform duties such as being the service manager on trains, even those who are less than one metre sixty in height. This is evident from sentence no. 25734 of 15-11-2013, with which the […]