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 […]
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 […]
The so-called Dignity Decree definitively approved: news on working matters
THE SO-CALLED DIGNITY DECREE DEFINITIVELY APPROVED: NEWS ON WORKING MATTERSHaving been definitively approved by the Senate, the so-called Dignity Decree will shortly be published in the Gazzetta Ufficiale (Government gazette). In addition to the aspects already highlighted following the decree coming into force, we specify below further news of the text introduced during the parliamentary […]
11/10/18 Management models workshop pursuant to Legislative Decree 231/2001
We inform you that the next Workshop organized by the Menichetti Law Firm in collaboration with QSA Ltd and the Isolabella Law firm, titled ‘From the implementation of management systems for employee health and safety and for the environment, to the implementation of the crime prevention model pursuant to Legislative Decree 231/2001 – Reasons and […]
How to pay the wages of an employee and co.co.co (coordinated and continuous collaboration contract)
How to pay the wages of an employee and co.co.co (coordinated and continuous collaboration contract)As of July 1st, the employer must use bank transfer, money order and cheques.As many are aware, clauses 910 to 913 of article 1 of Budget Law do not look kindly on cash-in-hand payments as wages for employees and Co.co.co. They […]