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 […]
The misunderstood query
The recent ruling by the Constitutional Court (No. 77 of April 19, 2018) did not exempt the employee from the reimbursement of legal fees to the counterpart in the case of losing the case.Reading the newspapers and surfing the internet, we came across the news that the losing party would no longer be required to […]
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 […]