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The employee’s immoderate internet access during working hours as a just cause for dismissal and balancing with the confidentiality of the processing of the employee’s personal data

With sentence no. 3133/2019, the Court of Cassation again intervened on the subject of disciplinary profiles of the use, by the employed person, of internet and social networks during working hours for personal reasons, confirming the ruling of the second degree judge , who, in recognizing the legitimacy of the challenged withdrawal, had considered that […]

Reintegration for workers hired under the regime of increasing protection

According to the Supreme Court, when the conduct that led to the withdrawal does not constitute a significant breach under the disciplinary profile.According to the very recent ruling of the Court of Cassation of 5.0.2019 n. 12174, in the notion of “non-existence of the material fact”” (which involves the exclusion of the disciplinary offense and […]

Conference of 05.27.2019 on the protection against illegitimate dismissals

AVAG – the Veronese Association of Employment Lawyers, under the patronage of the Order of Lawyers of Verona, has organised a convention, on 27 May 2019, on the subject of labour law “Statute of the workers, Fornero Law, Jobs Act, Decree Dignity and Constitutional Court sentence 194/2018: the state of the art on the protection […]

The illegally dismissed retiree is not entitled to the replacement indemnity allowance

This was established by a recent order of the Supreme Court of Cassation.The Supreme Court, by order no. 1072 of 17 April 2019, reiterated that the illegally dismissed worker is no longer entitled to the replacement indemnity claim after their relationship is terminated by retirement.In fact, when the worker has actually retired (just the vesting […]

When fraudulent administration occurs

According to the circular n. 3 of 2019 of the National Labour InspectorateThe crime of fraudulent administration, provided for by the legislative decree 276/2003 and repealed by the legislative decree n. 81 of 2015, was reintroduced by the law converting the so-called Dignity Decree (Decree Law 87/2018).  This offense is recognizable when the work is […]

The Menichetti Law firm at the IV Ellex internationnal Congress

The fourth edition of the Ellex internation congress took place last October 27th, once again at the Cremades & Calvo-Sotelo Law Firm in Madrid. Again, partners and associates of the Menichetti Law Firm Mr. Claudio Damoli, Mr. Enzo Pisa, Ms. Fabiana Menichetti and Mr. Mirco Broggiato took part.Lawyer Miro Broggiato, during the course of the […]