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 […]
Conference of 05.27.2019 on the protection against illegitimate dismissals
AVAG – the Veronese Association of Employment Lawyers, under the patronage of the Order of Lawyers of Verona, has organised a convention, on 27 May 2019, on the subject of labour law “Statute of the workers, Fornero Law, Jobs Act, Decree Dignity and Constitutional Court sentence 194/2018: the state of the art on the protection […]
Reflections on the employment relationship of employees’ reprehensible and offensive behaviour outside of work
With sentence no. 8390/2019 the Court of Cassation has returned to rule on the subject, much debated in recent years, concerning the disciplinary relevance of reprehensible conduct – because it is contrary to criminal regulations or even to the so-called minimum ethical common or common norms of civil life – assumed by the employee in […]
The mere obligatory effectiveness of the (unworked) notice of dismissal, provided that the national contract does not give real effect to the notice
In jurisprudence, the orientation, according to which, “according to a literal and logical-systematic interpretation of art. 2118 of the Civil Code, in the permanent employment contract, the notice has no real effect – which entails, in the absence of an agreement between the parties regarding the immediate termination of the relationship, the mandatory right to […]
When using the internet can lead to dismissal of the worker
The employer can withdraw from the relationship if they had previously prohibited the use of the Internet for personal reasons and when the use for such purposes outside of work was excessive.The use of the Internet, social media and email in the workplace for personal purposes can supplement the details of the disciplinary infringement and […]
Now the Privacy Guarantor may sanction without being flexible
Starting on May 20th 2019, the Guarantor no longer has to “take into account”” the novelty of GDPR (General Data Protection Regulation) or the purposes of sanctioning.As is known, art. 22 of Legislative Decree 101/2019 stated that the Privacy Guarantor, in applying the administrative sanctions provided for by the new European Regulation (GDPR), “”would have […]
Final report on tourist locations
Agreement reached between confederal unions and ConfcommercioOn 17th April 2019, Confcommercio and confederal unions signed a memorandum of understanding on the fixed-term contract in the localities with a predominantly tourist vocation, places that must be identified by territorial contracts.The social partners have confirmed the effectiveness of Article 66 bis of the National Collective Labour Agreement […]