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 […]
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 […]
Workshop 12.12.2018: the fixed-term employment contracts and administration after the recent legislative reformsWorkshop 12.12.2018: the fixed-term employment contracts and administration after the re
We inform you that the next Workshop organized by the Menichetti Law Frima titled “Fixed-term employment contract and employment after the so-called Decreto dignità
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 […]
Legitimate dismissal with non-finalised criminal conviction
Withdrawal of employment by the employer is possible even in relation to criminal acts unrelated to work activity.The Court of Cassation has recently ruled the legitimacy of dismissal for just cause of workers who have been convicted in criminal proceedings for criminal behaviour unrelated to work, but such as to create doubts about the reliability […]
Italian Confidentiality and European Privacy: finally co-ordinated.
Legislative Decree 101/2018, which co-ordinates Italian regulations with the GDPR, in force since 19th SeptemberOn 19th September, the Legislative Decree no. 101 of 10th August 2018 came into force, which finally co-ordinates Italian privacy regulations with those introduced by GDPR 2016/679, which is the General Data Protection Regulation of the European Union.Starting from this date, […]