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Being a trade unionist can be an aggravating factor

In this case the defaulting behaviour can be assessed with greater severity.Repeatedly defaulting by a worker (in this case, for repeated early termination of work) despite previous appeals, constitutes an insubordination. This is recognisable in the amount of relevant disciplinary actions, which can reflect this behaviour in the application of dismissal for just cause.The fact […]

Recent sentences of cassation on dismissal

Dismissal, conduct, extraordinary leave for assistance to the family The Supreme Court with sentence n. 5425 of 2019 has recently expressed in favour of the legitimacy of the dismissal imposed, following the staff reduction procedure, on a worker on extraordinary leave for assistance to a handicapped person.According to the Cassation, in fact, the art. 4 […]

Non-pecuniary damage must be proven by the worker

It is not automatically accepted in the event of an accident.As is known, following an accident at work related to an unlawful act by the employer, the employee can request, pursuant to art. 2059 of the Civil Code, compensation for any non-pecuniary damage sustained, in three cases: a) when there are extreme violations, possibly due […]

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 […]

For the Court of Cassation the trial agreement can be repeated

For the Court of Cassation the trial agreement can be repeated.In the succession of the contract, but also between the same stipulating partiesBy order of 11 July 2018, n. 18268, the Court of Cassation considered the dismissal of a worker who had previously rendered services with equal rights to a different employer and under the […]

Legitimacy of dismissal justified by precedents

Legitimacy of dismissal justified by precedents.Precedents are relevant even if they have not been mentioned in the counterclaim.As is already known, in accordance to clause 2 of Article 7 from legislation 300//70, the employer cannot, with just cause, dismiss their employee without having previously notified them of the disciplinary charges on which the dismissal is […]

When personal data is processed with overall impact assessment

When personal data is processed with overall impact assessment The recent provision of the Guarantors for Privacy makes a list of the casesThe recent provision of the Guarantors for Privacy makes a list of the casesIn consideration of the GDPR (the legislative compliance decree of August 2018) coming into effect so recently and in the […]

Lawful control of employee’s presence using digital finger-prints

Lawful control of employee’s presence using digital finger-prints.The GDPR allows for biometric data appeals in some cases.The decree of 15 October 2018 no. 25686 of the Court of Cassation, has confirmed the legitimacy of the order which the Guarantor of Privacy, on the 11th of November in 2012, imposed the financial sanction on a company […]

Workshop 17.01.2019: the fixed-term employment contracts and administration after the recent legislative reforms

This is to inform that the forthcoming Workshop organised by the Menichetti Law Firm titled “Fixed-term employment contracts and administration after the so-called “dignity Decree” and ministerial letter of October 31st, 2018: operational instructions”, will take place next January 17th commencing at 3:00pm at the Multifunctional Centre (ex-soap factory of Mantua) – Via Rinaldo Mantovano, […]