The Menichetti Law Firm, winner at the Le Fonti Awards 2016
LE FONTI AWARDSTHE MENICHETTI LAW FIRM WINSBoutique of Excellence Best Legal Firm – Labour LawThe sixth edition of the International Le Fonti Awards took place on Thursday, June 9th, 2016 at the prestigious Mezzanotte Palace hall in Milan, the headquarters of the Borsa Italiana (Italian stock-exchange). The awards are promoted by the Gruppo Editrice Le […]
Undeclared employment is sufficient grounds to shut down a company.
It is not necessary to “seriously and repeatedly violate the rules on safety measures on the worksite”Article 14, Legislative Decree number 81/2008 authorizes the Provincial Labour Office to shut down a company in two hypothetical cases: 1) if the company employs personnel without the necessary documentation, if the number of illegal workers is equal or […]
The Menichetti Law Firm winner at the Le Fonti Awards 2014
LE FONTI AWARDSTHE MENICHETTI LAW FIRM WINSBoutique of Excellence Best Legal Firm – Labour LawThe fourth edition of the International Le Fonti Awards took place on Tuesday, June 10th, 2014 at the prestigious Mezzanotte Palace hall in Milan, the headquarters of the Borsa Italiana (Italian stock-exchange). The awards are promoted by the Gruppo Editrice Le […]
Contributory omission and unjust dismissal
ONLY IN THE CASE WHERE DISMISSAL IS DECLARED NULL OR INEFFECTIVE SHALL SANCTIONS BEGIN FOR CONTRIBUTORY OMISSION.Said sanctions do not occur in case of dismissal without just cause or a justified motiveThe united divisions of the Court of Appeal, with sentence no. 19665 of September 18th, 2014, have established that even in relation to dismissals […]
The employee who commits more disciplinary offences punishable by conservative sanctions may be dismissed
One can justifiably dismiss an employee who has committed shortcomings punishable solely with conservative sanctions, if done individually and under the applicable collective agreement.The Court of Appeal has established this with sentence August 3rd ,2017 no. 16217.The judges’ decision in favour of the legitimacy of the dismissal for multiple shortcomings had been challenged before the […]
Jobs Act “ act II: increasing protections
In relation to the jobs reform known as Jobs Acts, there have been legislative decrees issued on the matter:1) increasing protection contracts (new regulation on dismissal for future open-ended employment contracts);2) new Aspi (social security nets reform in cases of unemployment).Whilst the latter (also known as NASPI) changes the unemployment supports, the contract with increasing […]
The trade contract has been renewed
Important changes regarding hour-flexibility and fixed-term contracts.On 30.3.2015 CONFCOMMERCIO, FILCAMS – CGIL, FISASCAT – CISL, UILTUCS – UIL signed the agreement hypothesis for the renewal of the c.c.n.l of Tertiary Trade and Services, which has been active since April 1st 2015, with validity up until December 31st of 2017.Among the changes, there has been a […]
When one may dismiss a disabled employee
The Appeal (sentence 10576/17) has recently declared the dismissal of a disabled employee due to worsening of health conditions as unlawful, obligatorily accepted under legislation 68/99, as it is only arranged on the basis of the judgement of unsuitability expressed by the specialist doctor to the duties, without the consent of the medical commission ex […]
Height and discrimination
NO DISCRIMINATIONBeing short is no obstacle to being a train conductorThe Supreme Court reassures vertically challenged workers by ruling that they can perform duties such as being the service manager on trains, even those who are less than one metre sixty in height. This is evident from sentence no. 25734 of 15-11-2013, with which the […]
Repeal: dressing time to be compensated for
The time required to get dressed into the mandatory work clothing, provided by the employer, must be remunerated when the task is organised by the employer and carried out on the pre-established company premises.This activity is in fact part of a preparatory phase, relating to supplementary and apparatus activities, to be carried out under business […]