New jurisprudential orientation: death must always be compensated for
The jurisprudence of the Supreme Court regarding thanatological damage (for the loss of a life) changes courseIt was primarily maintained that should someone lose their life suddenly, they would not be entitles to any compensation from the manager and couldn’t transmit their right that hasn’t had time to mature while living. Only those who have […]
Administration on-call
FLEXIBLE WORKADMINISTRATION “ON-CALL”The new National Labour Contract for administration businesses allows for temporary and “on-call”” administrationA new step has been taken towards even more work relationship flexibility with the new article 51 of the agreement on CCNL renewal for administration companies that forecast experimentally, for tourism sectors, large-scale organised distribution, food logistics, agriculture, telecommunications and […]
Anti-paedophilia regulation
WORK IN DIRECT AND REGULAR CONTACT WITH MINORSThe employer must request the certificationValid only for employments succeeding April 7thLegislative decree no. 39/2014 obligates the employer to acquire the penal certificate of employees involved in activities involving direct and regular contact with minors. The certificate, which needs to be requested from the Judicial Records present at […]
The lottery of work tribunals
On March 3rd, 2012, the Corriere della Sera published an interesting article by Pietro Ichino and Paolo Pinotti, on page 58. It is titled “Work tribunals, a Russian roulette. Compensation is better than a judicial outcome”” but could also be titled “”Abandon all hope of legal certainty ye who turn to the Labour Courts.”” Yes, […]
Jobs Act “ first act
JOBS ACT, FIRST INTERVENTIONSFixed term contract with causeSimplifications also on the subject of apprenticeships and furtherWith the leg. dec. March 20, 2014, no. 34, the new government has changed the subjects of fixed term contracts, apprenticeships, checking regular tax contribution and solidarity contracts.Fixed term contract. The criterion of causality has been superseded: it is now […]
Compensation in case of conversion of a contract from fixed term to non-fixed.
A worker who has been hired illegitimately for a fixed term, in addition to always being entitled to the conversion of the permanent contract (contrary to what was established by Article 32 of Law No. 183/2010), can obtain, for the period included between the termination of the fixed term relationship and the ruling that ascertains […]
Forfeiture for dismissed directors
DISMISSAL OF DIRECTORSTHE TERMS OF APPEALEX ART. 6 L. 604/66 MUST BE RESPECTEDAt least according to the Court of MilanThe position of the Supreme Court has always excluded the applicability of decadent terms for directors (60 days for the extrajudicial appeal and 180 days from the aforementioned appeal for the rooting of the case) provided […]
The new Article 18
The draft reform of art. 18 Workers’ Statute, as made public by the government on 21 March (but now to be examined by Parliament), in the case of the worker’s dismissal in production units with more than 15 employees (more than 5 for agricultural workers), provides different protection based on different scenarios.Dismissal that is null […]
Only contracts over the threshold are invalid
FIXED –TERM CONTRACTIF EXCEEDING THE PERCENTAGE THRESHOLDOnly the contracts drawn up after exceeding the limits are invalidAs it’s known, the employer can draw up fixed-term contracts within a quota by law, which today is at 20% of the total number of assumptions made by the company.However only the contracts drawn up after said percentage are […]
Article 18: Quer pasticciaccio (that awful mess), Professor Sergio Magrini on the new article 18
Let’s try to simplify for the common reader, who is most likely and understandably disoriented by the din of an often-misleading debate, the terms of the question on the reform of the laws regarding dismissal of staff.With respect to the regulations in force (Article 18 of Law No. 300 of 1970 and related regulations) – […]