Budget Law and the workplace
The most important workplace law key points in the new Budget LawA) Also confirmed for 2019 and 2020 are social security contributions for private employers who hire, with a permanent or even part-time contract, people aged up to 35 or, if over that age, who have been without a legal paid work for at least […]
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
Compensation paid to the dismissed worker for damages is not taxable
Compensation payments to the dismissed worker are taxable if they correspond to the income not received by the latter as a result of termination of employment. They are not taxable if they can be considered as compensation for damages suffered by the employee.The Regional Tax Commission of Lombardy, with judgment 886/21/2018, confirmed the aforementioned assumption, […]
News on fixed-term contracts and administration
First annotations on “Dignity Decree”.The new decree law (the so-called “Dignity Decree”) contains, among other measures (of a fiscal nature, against gambling, etc.), some significant amendments to Legislative Decree no. 81/2015 relating to temporary contracts and administration.The maximum duration of fixed-term contracts has been reduced from 36 to 24 months.The temporary contract may also be […]