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 […]
Legitimacy of dismissal justified by precedents
Legitimacy of dismissal justified by precedents.Precedents are relevant even if they have not been mentioned in the counterclaim.As is already known, in accordance to clause 2 of Article 7 from legislation 300//70, the employer cannot, with just cause, dismiss their employee without having previously notified them of the disciplinary charges on which the dismissal is […]
When personal data is processed with overall impact assessment
When personal data is processed with overall impact assessment The recent provision of the Guarantors for Privacy makes a list of the casesThe recent provision of the Guarantors for Privacy makes a list of the casesIn consideration of the GDPR (the legislative compliance decree of August 2018) coming into effect so recently and in the […]
Lawful control of employee’s presence using digital finger-prints
Lawful control of employee’s presence using digital finger-prints.The GDPR allows for biometric data appeals in some cases.The decree of 15 October 2018 no. 25686 of the Court of Cassation, has confirmed the legitimacy of the order which the Guarantor of Privacy, on the 11th of November in 2012, imposed the financial sanction on a company […]
Budget Law and the workplace
The most important workplace law key points in the new Budget LawA) Also confirmed for 2019 and 2020 are social security contributions for private employers who hire, with a permanent or even part-time contract, people aged up to 35 or, if over that age, who have been without a legal paid work for at least […]
Invalidity of layoffs caused by marriage for female employees only
With judgement no. 28926 of last November 12th, the Court of Cassation, directing an arisen conflict of case-law among the trial judges, has established that the invalidity of layoffs caused by marriage, imposed by Art. 35 of Legislative Decree 198/2006, so called code of equal opportunities for men and women), is only limited to female […]
Collective dismissals: management unions cannot be neglected
According to the Cassation, the managers’ unions must also be involvedAs is known, the Italian Legislator, with art. 16 l. October 30, 2014, n. 161, has for some time provided for the harmonization of the internal legislation with the community obligations deriving from directive n. 98/59 / CE, also applying to managers the protections provided […]
The manager can be dismissed to save money and to reorganize
The individual dismissal of the manager must not be inevitableThe Supreme Court, with sentence n. 87 of 4 January 2019 reiterated that the dismissal of the manager is always legitimate when the withdrawal was decided by the employer in good faith and within the exercise of the economic freedom protected by the art. 41 of […]
Recent sentences of cassation on dismissal
Dismissal, conduct, extraordinary leave for assistance to the family The Supreme Court with sentence n. 5425 of 2019 has recently expressed in favour of the legitimacy of the dismissal imposed, following the staff reduction procedure, on a worker on extraordinary leave for assistance to a handicapped person.According to the Cassation, in fact, the art. 4 […]