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 […]
Labour Report 2018 by Legalcommunity
The new report published by the Legalcommunity research centre, who focus on investigations into Labour.The research aims to compile a classification of both independent lawyers and law firms with value indications (A – first band, B – second band, C – third band) corresponding to the band positions of the active firms in the labour […]
Checks on the work performance of the employee by an investigative agency
With the recent judgment no. 21621/2018, the Court of Cassation intervened again on the difficult question concerning the legitimacy of an appeal, by the employer, regarding the supervision of an employee’s work activity by an investigative agency.The case submitted to the Supreme Court concerned the appeal of a dismissal for a just cause, ordered because […]
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 […]
Newsletter no. 6/2018 of the National Labour Inspectorate and the solidarity regime of extended procurement beyond the confines of the subcontracting relationship
Last December 6th, with sentence no. 254/2017 the Constitutional Court decided against a suit of constitutional legitimacy raised on article 29, clause. 2, Legislative Decree no. 276/2003, offering, by the same legislative provision, a constitutionally orientated interpretation (not carried out by the referring Courts) which extended joint responsibility to the client of a subcontracting business […]
Rordorf Reform: new perspectives for the regulation of businesses in crisis
After many news stories of recent years in terms of bankruptcy law, the Legislator has again intervened with the delegated law n. 155/2017 (so-called “Rordorf Reform””), mandating the Government to reform the area of businesses in crisis and insolvency.This is a systematic reform aimed at introducing a single text for businesses in crisis containing a […]
Compensation paid to the dismissed worker for damages is not taxable
Compensation payments to the dismissed worker are taxable if they correspond to the income not received by the latter as a result of termination of employment. They are not taxable if they can be considered as compensation for damages suffered by the employee.The Regional Tax Commission of Lombardy, with judgment 886/21/2018, confirmed the aforementioned assumption, […]
News on fixed-term contracts and administration
First annotations on “Dignity Decree”.The new decree law (the so-called “Dignity Decree”) contains, among other measures (of a fiscal nature, against gambling, etc.), some significant amendments to Legislative Decree no. 81/2015 relating to temporary contracts and administration.The maximum duration of fixed-term contracts has been reduced from 36 to 24 months.The temporary contract may also be […]