Joint liability in contracts: ruling against the end of a two-year time limit for the social security contribution claim
With ruling no. 18004/2019, the Court of Cassation intervened on the subject of joint liability of the client for the contractor’s contributory payments towards I.N.P.S., pursuant to art. 29, c. 2, of Legislative Decree 276/2003.This rule, in the version in force at the time of the facts of the case, prior to the changes made […]
Electricity collective agreement renewed
Energy efficiency and customer service activities have been included in its field of applicationThe Electricity Collective Agreement was renewed, which will start from 1st January 2019 and expire on 31st December 2021 and will apply to electricity companies that carry out production, transformation, transport, distribution and sale of electricity, as well as production and supply […]
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 […]
Supermarket cashier loses her job due to customer loyalty points
The Cassation considered legitimate the dismissal of the cashier who had used, via her husband, vouchers due to customers.The Court of Cassation, with sentence 11181/2019, considered legitimate the dismissal of a supermarket cashier who had withheld – and then made her husband spend in the same store – shopping vouchers (for a total of 24 […]
The tertium genus of “heterogeneously organized” work: on the border between self-employment and subordinate work
The ruling which the Court of Appeal of Turin n. 26/2019, published on 04.02.2019, expressed itself on the well-known case of the riders (otherwise called, “bicycle-delivery men””), is emblematic of the friction subsisting between the modern organization of work and the contractual schemes into which the working reality is forced.In the specific case dealt with […]
The illegally dismissed retiree is not entitled to the replacement indemnity allowance
This was established by a recent order of the Supreme Court of Cassation.The Supreme Court, by order no. 1072 of 17 April 2019, reiterated that the illegally dismissed worker is no longer entitled to the replacement indemnity claim after their relationship is terminated by retirement.In fact, when the worker has actually retired (just the vesting […]
When fraudulent administration occurs
According to the circular n. 3 of 2019 of the National Labour InspectorateThe crime of fraudulent administration, provided for by the legislative decree 276/2003 and repealed by the legislative decree n. 81 of 2015, was reintroduced by the law converting the so-called Dignity Decree (Decree Law 87/2018). This offense is recognizable when the work is […]
Legalcommunity Italian Awards 2019: Studio Legale Menichetti Studio of the Year Labour Veneto
On 11 July, the second edition of the Legalcommunity Italian Awards took place in Rome at the Salone delle Fontane. The awards are aimed at recognising excellence in the Italian legal market throughout the country.At the event, the Studio was awarded the prize of “Studio of the Year Labour – Veneto“” for being “”one of […]
Right of exclusivity and executive level customers in the agency contract
Article. 1743 c.c. provides for exclusive bilateral rights, for the benefit of both the principal and the agent, establishing that “the principal cannot simultaneously use several agents in the same area and for the same branch of activity, nor can the agent assume the position of dealing in the same area and for the same […]
Seminar 4 and 5 May 2019
On the occasion of 50 years of activity, the Menichetti Law Firm, with the sponsorship of Cà Foscari University of Venice – Department of Management, Giuseppe Pera Foundation and The University of Verona – Department of Legal Sciences, have organized a seminar entitled “Employment law and civil law in the face of the corporate crisis: […]