Agile work: a new opportunity for the world of labour
Never, in recent years, has labour law undergone such significant intervention on the part of the Legislator.The introduction of the so-called smart working discipline (otherwise called “agile work”), by means of L. 22.05.2017, no. 81, finally takes into account the technological development which has distinguished the last decade, with increasing marked tendency towards computerization and […]
ITL (Territorial Work Inspectorate) circular regarding video surveillance and biometric recognition systems
The cameras, in certain cases, can directly film the workers. On the other hand, no authorizations or union agreements are required for biometric recognition systems.As is known, article 4 of law no. 300/70 has been modified by article 23 of Legislative Decree no. 151/2015 and the subsequent article 5, paragraph 2, of the legislative decree […]
Even silence can help to create a new corporate union representation
An employer who does not want to recognise a new company union representative should not limit themselves to being silent in the face of exclamations, expectations and initiatives of said representative. Their silence could be interpreted as assent to the constitution of the new RSA (Company Union Representative): with consequent recognition in favour by them […]
The reinstatement of dismissed workers in the so-called regime of increasing-protection employment
Legislative decree number 23/2015, introducing the so-called regime for increasing-protection employment, has limited the reinstatement to the null and void dismissal cases, ineffective (because expressed orally), and discriminatory, and also in the hypothetical case where it is legally ascertained that there is no material fact which justifies the dismissal of the worker for just cause. […]
Corporate welfare as a negotiating tool for the synthesis between the worker’s well-being and the increase in company productivity
The Budget Law 2017 (Law 232/2016), continuing on the path already mapped out by the previous Stability Law (Law 208/2015 and inter-ministerial decree dated 25.03.2016), intervened in the field of corporate welfare, introducing significant changes around the detaxation of performance bonuses and benefits granted to workers in the execution of collective second-level contracts.Below, we will […]
Menichetti Law Firm: In Madrid for the 3rd ELLEX International Congress “Digital Security, Rights and Liberties”
On the 26th and 27th of October, at the Cremades & Calvo-Sotelo Abogados, the 3rd International Congress of Euro Latam Lex International Law firm Network (ELLEX), was held, entitled “Digital Security, Rights and Liberties”.ELLEX (whose co-chair is Benita Ferrero-Waldner, former Foreign Minister of Austria and European Commissioner) is an international organization of independent lawyers, whose […]
Legitimate dismissal of employee who offends colleagues and employer via e-mail
The Court of Appeal, with sentence no. 26682 of 2016, has established that the employee’s conduct constitutes a serious denial of employment relationship trust. The employee, which in numerous emails sent from the company account, used vulgar statements regarding the legal representative and other collaborators, with accusations of incompetence and impropriety with the use of […]
Disciplinary dismissal: it is (almost) never too late
The invocation of the violation of the principle of immediacy in disciplinary disputes is increasingly popular among the lawyers of workers dismissed for disciplinary reasons, who in this way are hopeful of obtaining the reinstatement in service that, following recent legislative reforms, is no longer the only remedy for an illegitimate withdrawal of employment by […]
Collective redundancies: various judgments for the same criterion of choice.
In the last months of 2016, a large Italian company, which provides call centre services, put in place a collective redundancy procedure, which involved employees from the Rome and Naples offices, judged economically no longer profitable.The trade unions have agreed on the fairness of selection criteria adopted by the employer, as well as compliance by […]
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, […]