Continuous and prolonged use of mobile phones can lead to the onset of an occupational disease
The Turin Court of Appeal recently ruled on this matterThe Turin Court of Appeal, with sentence no. 904 of 13th January 2020, confirmed the previous decision of the Court of Ivrea, believing there is an etiological link between the prolonged use, for work reasons, of mobile phones and right acoustic neurinoma. INAIL must therefore pay […]
Contracting: the control of the client over the contracting company cannot only be formal.
The recent circular of the Revenue Agency on the new rules on withholding taxes on contracting and subcontractingThe Revenue Agency, with circular no. 1/E of 12th February 2020, provided important clarifications regarding the new rules on withholding taxes in contracting and subcontracting, as introduced by art. 4 of Legislative Decree 124/2019 (with the new wording […]
The manager can appeal the dismissal even beyond the expiry terms foreseen for the invalid employer withdrawal
According to the Court of Cassation, the supplementary indemnity may also apply even after the deadlines set out in art. 6 of Law 604/1966.According to a recent ruling by the Court of Cassation (no. 395 of 13th January 2020), the manager can assert the unjustifiability of the employer withdrawal and take legal action to obtain […]
Dual employment in the working relationship: its configurability and the joint responsibility of employers for the obligations arising from the relationship
The Court of Cassation, with sentence no. 3899/2019, has returned to rule on so-called dual employment, in a dispute concerning the appeal of a dismissal of a worker during a period of maternity leave, pursuant to art. 54 Legislative Decree no. 151/2001, specifying, first of all, that this phenomenon is independent of the existence of […]
Vademecum covid-19 (coronavirus)
Precautions that all employers must adoptResponsibility of the employer. The employer is responsible for the health and safety of workers, including in relation to any biological risk, in consideration of the general safety obligation provided for by art. 2087 c.c. and the more specific provisions of articles 266 and 267 of Legislative Decree 81/2008. Every […]
Attention to the appeal against dismissal via pec (certified electronic mail!
For the Court of Monza, the transmission via PEC of a scanned copy of the letter signed by the worker, not supported by digital signature, is not sufficient.The Judge of Labour of the Court of Monza, with a ruling on 29.01.2020, declared an appeal inadmissible and denied the worker the right to appeal the dismissal, […]
Redundancy fund in derogation to respond to the health emergency
The Law Decree was published on 2nd March, which is particularly important for commercial companies.Below is the text of paragraphs 1, 4 and 5 of art. 15 of Legislative Decree no. 9 of 02.03.2020, with which the redundancy fund was finally granted in order to face the coronavirus emergency.The aforementioned Legislative Decree was published in […]
Employers should not request or collect information related to flu symptoms
This was stated by the Privacy Guarantor in the press release of 2nd March 2020On 2nd March 2020, the Privacy Guarantor, accepting the invitation of the competent institutions to a necessary co-ordination of the Coronavirus measures on the national territory, requested all data controllers (including, therefore, employers) to comply scrupulously with the indications provided by […]
Which substantive and procedural terms remain suspended?
Substantive and procedural deadlinesParagraph 4 of Article 10 of DL 9/2020, establishes, in relation to the entire national territory, the suspension, from March 10 and until March 31 of the expiry of peremptory deadlines, legal and conventional, substantive and procedural, involving prescriptions and forfeiture of any right, action and exception, as well as the terms […]
Suspended payment terms
Which payments are suspended?Folders and payment notices (only for individuals and entities with residence, registered office or operational headquarters in the municipalities listed in Annex 1 of the Prime Ministerial Decree 1.3.2020)Art. 2 of DL 9/2020 suspends the terms of payments deriving from payment slips issued by the collection agents, as well as from the […]