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, […]
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 […]
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 […]
Forfeiture for dismissed directors
DISMISSAL OF DIRECTORSTHE TERMS OF APPEALEX ART. 6 L. 604/66 MUST BE RESPECTEDAt least according to the Court of MilanThe position of the Supreme Court has always excluded the applicability of decadent terms for directors (60 days for the extrajudicial appeal and 180 days from the aforementioned appeal for the rooting of the case) provided […]