Collective dismissal of managers
The rigorous procedure governing collective redundancies has also been extended to managers pursuant to Law 161/2014, which has inserted paragraph 1-quinquies to art. 24 of Law 223/1991.The change was imposed following a sentence of the Court of Justice of the European Union (case C-596/12), which, in fulfilment of the obligations deriving from Directive no. 98/59, […]
A systematic aid plan against coronavirus, although not yet definitive
After having been announced by the Premier Conte at the end of the meeting of the Council of Ministers on Monday, March 16, finally was published in the Official Gazette n. 70 of 17.03.2020 the D.L. n. 18 of 2020, already known as the decree “Cura Italia””.This regulatory apparatus – which in part incorporates, extending […]
Reintegration is an exception. Compensation protection is the rule
The position of the Supreme Court on article 18, as revised by the Fornero lawThe Supreme Court of Cassation, with the recent ruling number 1891 of 28th January 2020, reiterated its position according to which the assessment of non-proportionality of the disciplinary dismissal with respect to the disputed and ascertained fact may involve the reintegration […]
Brief fiscal considerations on the “Cura Italia” Decree
The DL 18/2020 provided various measures of economic support and has also intervened on the deadlines and tax obligationsDEPOSITS (ART. 61). For taxpayers who earned revenues and compensation of up to €2 million in 2019, payments due from 8 March to 31 March are suspended. The payments affected by the suspension are those of VAT, […]
The conciliation procedure pursuant to art. 6 of Legislative Decree 23/2015 may also end after the 60-day deadline.
Notice from the National Labour Inspectorate on the conciliation procedure provided by the regulation of layoffs with increasing protectionsAs is known, pursuant to art. 6 of Legislative Decree no. 23/2015, in the event of the dismissal of an permanent employee hired under a regime of increasing protections, the employer can attempt to avoid trial by […]
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 […]
Trade union representation in the workplace
Agreement signed by Confindustria, confederal unions, INL and INPSOn 19 September 2019, an agreement was signed on the measurement of trade union representation in private labour relations. The signatories are CGIL, CISL, UIL, Confindustria, the National Labour Inspectorate and INPS. This latter institute will measure the representative weight of each union by the average number […]