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”
Even if the safe portal is by notification using PEC, there is still no certainty
On telematic notifications carried out by the defence on his own using PEC (certified electronic mail): back to the origins?With sentence n. 3709/2019 the Court of Cassation affirms a principle of law leading to possible repercussions on numerous telematic notifications already made by lawyers using the INI-PEC portal.The Supreme Court, in fact, states that only […]
Menichetti Law Firm among the law firms of the year 2019 for Labor Law
The Menichetti Law Firm is once again reported among the major law firms at national level, unique in the North-East context for Employment Law (see the insert-report “Law firms of the year 2019”
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 […]