Menichetti Law Firm: finalist at the Legalcommunity Labour Awards 2019
The Menichetti Law Firm has been selected as a finalist at the Legalcommunity Labour Awards 2019 in the following categories:– Studio of the year in industrial relations;– Studio of the year in social security;– Solicitor of the year in social security: Claudio Damoli;– Studio of the year in public employment;– Solicitor of the year in […]
Conference 13.09.2019: Il Lavoro in the Carta del Carnaro (Work in the Carnaro Charter)
We report that the next conference organised by the Menichetti Law Firm, entitled “Il Lavoro nel Carta del Carnaro”
Reintegration for the worker with the so-called “with increasing safeguards”” contract, if the fact has no disciplinary importance.”
Legislative Decree 23/2015, introducing the so-called “with increasing safeguards”” contract, reformed the rules on dismissals, providing, in art. 3, the notion of non-existence of the “”disputed material fact”
Regarding proof to the employer of the substitutive reasons for the fixed-term employment contract
With order no. 21672 of 23 August, the Court of Cassation returned to rule on the affixing of the term to an employment contract for substitutive reasons of personnel absent due to illness, with specific reference to complex business realities (in this case, the principal Italian airline).In this regard, art. 19 of Legislative Decree 81/2015 […]
GDPR and request for the employee’s criminal record certificate
Are we in a regulatory vacuum?With the entry into force of EU Regulation 2016/679 (GDPR), the request, at the time of hiring, for certificates relating to criminal convictions or security measures required for the worker is lawful only if provided for and authorised by EU law or the Member State, as the General Authorisation no. […]
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 […]
September contractual news
New contractual minimums in the Tertiary sector. Renewal of the CCNL Petroleum Energy contractOn 10 September 2019, Confcommercio and the confederal unions signed a new agreement, establishing that the contractual minimums starting from 1 March 2018, referred to in table M of the co-ordinated text, shall be considered modified as of 1 January 2020.There is […]
Employment and status of partners or directors
A directive from INPS defines the compatibility criteriaThe constant jurisprudence of the Supreme Court has long established that being the holder of the corporate office of a juridical person does not, in itself, preclude the configurability of an employment relationship between the same and their partner or director, when such relationship is characterised from the […]
Assisted term contract: a control of the ITL
The National Institute of Labour has issued a new notice on the subjectWhat is an assisted term contract? An assisted term contract is an additional fixed-term contract (of a maximum duration of 12 months) that can be stipulated before the ITL, pursuant to article 19, paragraph 3, of Legislative Decree no. 81 / 201.5, once […]
Right of access to the accounting documentation for the commercial agent
Regarding the “boundaries”” of the right of the agent to be provided by the company with all the information necessary to verify the amount of the commission paid and, in particular, an extract from the accounting booksWith sentence no. 1891/2019, the Milan labour court judge revoked the injunction for delivery of extracts of accounting books […]