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 […]
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 […]
The so-called Dignity Decree definitively approved: news on working matters
THE SO-CALLED DIGNITY DECREE DEFINITIVELY APPROVED: NEWS ON WORKING MATTERSHaving been definitively approved by the Senate, the so-called Dignity Decree will shortly be published in the Gazzetta Ufficiale (Government gazette). In addition to the aspects already highlighted following the decree coming into force, we specify below further news of the text introduced during the parliamentary […]
How to pay the wages of an employee and co.co.co (coordinated and continuous collaboration contract)
How to pay the wages of an employee and co.co.co (coordinated and continuous collaboration contract)As of July 1st, the employer must use bank transfer, money order and cheques.As many are aware, clauses 910 to 913 of article 1 of Budget Law do not look kindly on cash-in-hand payments as wages for employees and Co.co.co. They […]
The intention to improve profits can also be sufficient grounds for laying off personnel
The dismissal of individual workers in certain cases which are justified in Article 3 of Law number 604, 1966, can be considered to be legitimate even when the company is not suffering from economic difficulties.Indeed, when a company dismisses workers it doesn’t necessarily have to be based on the fact that business is low, because, […]
Late dismissal does not invoke reintegration
The dismissed worker often invokes late dismissal to be reinstated regardless of the existence or otherwise of the behaviours attributed to him, identifying in the immediacy of the disciplinary dispute a constituent element of employer withdrawal.Several decisions by the Supreme Court upheld this thesis, while others have instead denied giving weight to the defect of […]