Layoffs and contract work – Interview with Andrea Dell’Omarino
On the subject of layoffs, what are the most critical problems in the current situation?In periods such as the current one, in which in many productive sectors, the economic situation is not rosy, professionals in this firm are often asked to intervene to assist clients in the activation of collective redundancy procedures for staff reduction, […]
Facebook and porn-sites as reasons for dismissal
The worker on Facebook has also disparaged the companyThe Milan Court, labour-sector, with an order dated August 1st of 2014 and signed by Dr. Chiara Colosimo, has considered the dismissal of the worker with the just cause that, during working hours and using a company computer, the worker frequented porn sites and posted a photo […]
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 […]
Representation: confederal-confindustria agreement
Confindustria and confederate trade unions have signed a Consolidated Law on Representation, which, as delivered in their joint statement, “constitutes a true and unique law on the subject of trade union representation composed of four parts which regulate: the measurement of union representation at national and company level; the methods aimed at guaranteeing the effective […]
If a person gets fired and then rehired, there is no deduction from his or her pension plan
Supreme Court – Civil Section VI – Ordinance of January 28, 2014 no. 1725In the case of illegitimate redundancy, the employer cannot deduct the worker’s retirement pension money from the amount due for compensation for damages, pension money which, after having been rehired, the worker will give back to the employer such that it will […]