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 The criterion of causality has been superseded: it is now […]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 […]
The new Article 18
The draft reform of art. 18 Workers’ Statute, as made public by the government on 21 March (but now to be examined by Parliament), in the case of the worker’s dismissal in production units with more than 15 employees (more than 5 for agricultural workers), provides different protection based on different scenarios.Dismissal that is null […]
Only contracts over the threshold are invalid
FIXED –TERM CONTRACTIF EXCEEDING THE PERCENTAGE THRESHOLDOnly the contracts drawn up after exceeding the limits are invalidAs it’s known, the employer can draw up fixed-term contracts within a quota by law, which today is at 20% of the total number of assumptions made by the company.However only the contracts drawn up after said percentage are […]
Article 18: Quer pasticciaccio (that awful mess), Professor Sergio Magrini on the new article 18
Let’s try to simplify for the common reader, who is most likely and understandably disoriented by the din of an often-misleading debate, the terms of the question on the reform of the laws regarding dismissal of staff.With respect to the regulations in force (Article 18 of Law No. 300 of 1970 and related regulations) – […]
New employment decree
EMPLOYMENT DECREE No. 34/2014FIXED TERM CONTACT AND APPRENTICESHIP… converted into law last Thursday with important newsA new step towards greater employment flexibility was made last Thursday with the conversion of Law Decree n. 34/2014, which introduced important innovations, especially regarding the fixed term contract (in terms of apprenticeship, in fact, the conversion law has greatly […]
Riforma Fornero in brief
The Fornero labour reform (legislation no. 92/2012) is inspired by the intention to increase work flexibility, both entering and exiting.Regarding incoming flexibility, it is noted that a motive will not be needed for the first fixed-term contract having a duration which does not exceed twelve months (extensions not permitted). The maximum duration of the fixed-term […]
How to avoid the transformation of limited time contracts into unlimited time contracts
Ministry of Labour Circular 35/13, published on August 29, 2013, declared that it is also possible to extend acausal contracts (lasting up to 12 months) which were signed before June 28, 2013, the date upon which Law Decree 76/13 came into force.Such extension can only take place once, and it is limited to professional activities […]