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 The criterion of causality has been superseded: it is now […]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 TFR, accrued severance pay, is payable by the transferor even if the employment relationship is terminated after the sale of the company
The sentence n. Section 19291 of 22.09.2011 of the Supreme Court Labour Division has gone a bit unnoticed. Yet it is important because it has confirmed, perhaps for once and for all, the principle according to which the employee’s severance pay does not only come into existence at the time of termination of a contract, […]
There is no longer a security programme document
Article 45 of legislative decree no. 5/2012 (the so-called simplification order), has altered the Code of Privacy, abolishing for those who manage sensitive personal data, using IT tools, the obligation to draft the security programme document by March of each year.
Simplifications even for contractors
The second clause of article. 29 of legislative decree no. 276/2003 provides that “In the case of contracted work or services the client company or employer is jointly obliged with the contractor, as well with each of the additional possible subcontractors within the limit of two years from the termination of the contract, to pay […]
Ex post controllable e-mail
The employer cannot – as would be a violation of article 4 of the Workers’ Statute – control e-mails to check “from a distance”” the employees’ fulfilments of work. However, they may, if holding evidence to suggest that an employee is performing illegal acts (for example, the disclosure of confidential company information, in violation of […]