The Menichetti Law Firm at the Spanish Chamber of Commerce
This year the lawyers Pisa and Pianigiani, of the Menichetti Law Firm, also took part in the evening organised last November 28th at the Spanish Chamber of Commerce in occasion of the delivering of the “Award to the best Spanish enterprise in Italy for 2018” at the Nhow hotel in Milan.
Invalidity of layoffs caused by marriage for female employees only
With judgement no. 28926 of last November 12th, the Court of Cassation, directing an arisen conflict of case-law among the trial judges, has established that the invalidity of layoffs caused by marriage, imposed by Art. 35 of Legislative Decree 198/2006, so called code of equal opportunities for men and women), is only limited to female […]
Collective dismissals: management unions cannot be neglected
According to the Cassation, the managers’ unions must also be involvedAs is known, the Italian Legislator, with art. 16 l. October 30, 2014, n. 161, has for some time provided for the harmonization of the internal legislation with the community obligations deriving from directive n. 98/59 / CE, also applying to managers the protections provided […]
Labour Report 2018 by Legalcommunity
The new report published by the Legalcommunity research centre, who focus on investigations into Labour.The research aims to compile a classification of both independent lawyers and law firms with value indications (A – first band, B – second band, C – third band) corresponding to the band positions of the active firms in the labour […]
The manager can be dismissed to save money and to reorganize
The individual dismissal of the manager must not be inevitableThe Supreme Court, with sentence n. 87 of 4 January 2019 reiterated that the dismissal of the manager is always legitimate when the withdrawal was decided by the employer in good faith and within the exercise of the economic freedom protected by the art. 41 of […]
Checks on the work performance of the employee by an investigative agency
With the recent judgment no. 21621/2018, the Court of Cassation intervened again on the difficult question concerning the legitimacy of an appeal, by the employer, regarding the supervision of an employee’s work activity by an investigative agency.The case submitted to the Supreme Court concerned the appeal of a dismissal for a just cause, ordered because […]
The Menichetti Law Firm participates in the XXVI World Jurist Association Biennial Congress
On 19 and 20 February 2019 the lawyers Enzo Pisa and Claudio Damoli will participate as keynote speakers at the
The workers’ assembly can also be called by the single member of the workers of the RSU (Unitary workplace union structure)
If they have been elected on the list of a union that has entered into the CCNL (National collective bargaining employment contract) or at least participated in the negotiations.With regard to trade union representation, the recent judgment no. 26011/2018 of the Supreme Court dictates that each member of the Unitary Workplace Union Structure (RSU), where […]
Workshop 22.02.2019
We report the next Workshop organized by the Menichetti Law Firm and the consulting firm Amarelli & Partners – Quinzan, entitled “The national collective agreement of the MOD – Modern Organized Distribution“
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 […]