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. […]
The employee’s immoderate internet access during working hours as a just cause for dismissal and balancing with the confidentiality of the processing of the employee’s personal data
With sentence no. 3133/2019, the Court of Cassation again intervened on the subject of disciplinary profiles of the use, by the employed person, of internet and social networks during working hours for personal reasons, confirming the ruling of the second degree judge , who, in recognizing the legitimacy of the challenged withdrawal, had considered that […]
Reintegration for workers hired under the regime of increasing protection
According to the Supreme Court, when the conduct that led to the withdrawal does not constitute a significant breach under the disciplinary profile.According to the very recent ruling of the Court of Cassation of 5.0.2019 n. 12174, in the notion of “non-existence of the material fact”” (which involves the exclusion of the disciplinary offense and […]
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 […]