Dismissal ordered during respite period: invalid or temporarily ineffective? The decision of the Joint Sessions
The decision of the Joint SessionsThe Labour Division of the Court of Appeal with interlocutory ordinance no. 24766 of last October 19th of 2017, referred to the First Chairman, for eventual assignment to the Joint Sessions, the issue of invalidation or temporary ineffectiveness of dismissal for exceeding the respite period, ordered before same respite period.In […]
Madrid 26-27 ottobre 2018: IV Euro-Latam Lex Congress
This year the Menichetti Law Firm will also be taking part in the fourth meeting organised by ELLEX: Euro Latam Lex, titled “International arbitration and artificial intelligence, a look towards the future&rdquo
The misunderstood query
The recent ruling by the Constitutional Court (No. 77 of April 19, 2018) did not exempt the employee from the reimbursement of legal fees to the counterpart in the case of losing the case.Reading the newspapers and surfing the internet, we came across the news that the losing party would no longer be required to […]
Obedience is not always a virtue, not even at work
Those who commit an illicit act by obeying a hierarchical superior can be firedObedience is no longer a virtue, said Don Lorenzo Milani.This also applies to the employment relationship, at least according to the Supreme Court (23600/2018) which, contradicting the decisions of judges, has declared as legitimate the dismissal of an employee who committed unlawful […]
Newsletter no. 6/2018 of the National Labour Inspectorate and the solidarity regime of extended procurement beyond the confines of the subcontracting relationship
Last December 6th, with sentence no. 254/2017 the Constitutional Court decided against a suit of constitutional legitimacy raised on article 29, clause. 2, Legislative Decree no. 276/2003, offering, by the same legislative provision, a constitutionally orientated interpretation (not carried out by the referring Courts) which extended joint responsibility to the client of a subcontracting business […]
The Menichetti Law Firm among the finalists at the Top Legal Awards 2018
The Menichetti Law Firm is among the finalists of the TOPLEGAL AWARDS 2018 in the following categories:– Firm awards – Italian Firm of the year – North– Specialist award – Labour dispute – TeamThe awards evening will take place next November 11th at the Est End Studios in Milan.Thank you to all members of the […]
Rordorf Reform: new perspectives for the regulation of businesses in crisis
After many news stories of recent years in terms of bankruptcy law, the Legislator has again intervened with the delegated law n. 155/2017 (so-called “Rordorf Reform””), mandating the Government to reform the area of businesses in crisis and insolvency.This is a systematic reform aimed at introducing a single text for businesses in crisis containing a […]
The intention to improve profits can also be sufficient grounds for laying off personnel
The dismissal of individual workers in certain cases which are justified in Article 3 of Law number 604, 1966, can be considered to be legitimate even when the company is not suffering from economic difficulties.Indeed, when a company dismisses workers it doesn’t necessarily have to be based on the fact that business is low, because, […]
Late dismissal does not invoke reintegration
The dismissed worker often invokes late dismissal to be reinstated regardless of the existence or otherwise of the behaviours attributed to him, identifying in the immediacy of the disciplinary dispute a constituent element of employer withdrawal.Several decisions by the Supreme Court upheld this thesis, while others have instead denied giving weight to the defect of […]
The Menichetti Law Firm at the Spanish Chamber of Commerce
Last November 30th lawyers Pisa and Pianigiani of the Menichetti Law Firm met in Milan with the Secretary General of the Spanish Chamber of Commerce in Italy (CAMACOES), Yolanda Gimeno, then taking part in the Christmas cocktail event organised by said Chamber at hotel Principe di Savoia, in which the Spanish Ambassador in Italy, Jesus […]