How to avoid the transformation of limited time contracts into unlimited time contracts
Ministry of Labour Circular 35/13, published on August 29, 2013, declared that it is also possible to extend acausal contracts (lasting up to 12 months) which were signed before June 28, 2013, the date upon which Law Decree 76/13 came into force.Such extension can only take place once, and it is limited to professional activities […]
Limited contracts and innovative start up
Innovative start-ups are corporations (and cooperatives) which are new or recently established, have their main office and market in Italy, shares which are owned mostly by physical persons, their company objectives oriented towards development and production or commercialization of innovative or highly technological products and services.New Development Decree 2.0 (Conversion Law number 221 of December […]
Durc (tax and wage compliance certificate)
With the ruling 33/2013 of 11th December 2013, the Ministry of Labour provides clarification with regard to the correct interpretation of D. M. October 24, 2007 on the “methods of issuing, the analytical contents of the tax and wage compliance certificate””.Following the request made by the National Council of Labour Consultants on the correct identification […]
If you record me I will fire you … even if you feel bullied
Court of Appeal – Labour Division – Sentence October 2nd – November 21st of 2013 no. 26143The dismissal of those who record the conversations of their colleagues without their knowledge is legitimate. For this reason the Labour division of the Court of Appeal has confirmed, with the sentence of October 2nd – November 21st of […]
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 […]
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 […]
The TFR, accrued severance pay, is payable by the transferor even if the employment relationship is terminated after the sale of the company
The sentence n. Section 19291 of 22.09.2011 of the Supreme Court Labour Division has gone a bit unnoticed. Yet it is important because it has confirmed, perhaps for once and for all, the principle according to which the employee’s severance pay does not only come into existence at the time of termination of a contract, […]
The Menichetti Law Firm, finalist at the TopLegal Awards 2016
Proud to have been present once again for the second year in a row and to be included amongst the greatest legal firms in the country
There is no longer a security programme document
Article 45 of legislative decree no. 5/2012 (the so-called simplification order), has altered the Code of Privacy, abolishing for those who manage sensitive personal data, using IT tools, the obligation to draft the security programme document by March of each year.