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: […]
The workers’ assembly can also be called by the single member of the workers of the RSU (Unitary workplace union structure)
If they have been elected on the list of a union that has entered into the CCNL (National collective bargaining employment contract) or at least participated in the negotiations.With regard to trade union representation, the recent judgment no. 26011/2018 of the Supreme Court dictates that each member of the Unitary Workplace Union Structure (RSU), where […]
Being a trade unionist can be an aggravating factor
In this case the defaulting behaviour can be assessed with greater severity.Repeatedly defaulting by a worker (in this case, for repeated early termination of work) despite previous appeals, constitutes an insubordination. This is recognisable in the amount of relevant disciplinary actions, which can reflect this behaviour in the application of dismissal for just cause.The fact […]
Non-pecuniary damage must be proven by the worker
It is not automatically accepted in the event of an accident.As is known, following an accident at work related to an unlawful act by the employer, the employee can request, pursuant to art. 2059 of the Civil Code, compensation for any non-pecuniary damage sustained, in three cases: a) when there are extreme violations, possibly due […]
For the Court of Cassation the trial agreement can be repeated
For the Court of Cassation the trial agreement can be repeated.In the succession of the contract, but also between the same stipulating partiesBy order of 11 July 2018, n. 18268, the Court of Cassation considered the dismissal of a worker who had previously rendered services with equal rights to a different employer and under the […]
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 […]