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 […]
What they say about us …
Photos from the Le Fonti Awards night of May 31st, 2018 were published in the newspaper “Il Sole 24 Ore”” 19/09/2018, and in the supplement to the Repubblica &ldquo
Obedience is not always a virtue, not even at work
Those who commit an illicit act by obeying a hierarchical superior can be firedObedience is no longer a virtue, said Don Lorenzo Milani.This also applies to the employment relationship, at least according to the Supreme Court (23600/2018) which, contradicting the decisions of judges, has declared as legitimate the dismissal of an employee who committed unlawful […]
Privacy at the time of the new european regulation Gdpr: the Vademecum of the Studio Legale Menichetti.
The new European Community Regulation on the processing of personal data (General Data Protection Regulation, abbreviated GDPR, EU Regulation 2016/679) will come into effect from May 25th, 2018, without the need for national standards which transpose it, and will replace the Code of Privacy (Legislative Decree no. 196/2003) previously in force.GENERAL PRINCIPALSAccountabilityThe new regulation is […]
Dismissal ordered during respite period: invalid or temporarily ineffective? The decision of the Joint Sessions
The decision of the Joint SessionsThe Labour Division of the Court of Appeal with interlocutory ordinance no. 24766 of last October 19th of 2017, referred to the First Chairman, for eventual assignment to the Joint Sessions, the issue of invalidation or temporary ineffectiveness of dismissal for exceeding the respite period, ordered before same respite period.In […]