The form of dismissal. In short, the state of the art on the modes of communication of dismissal.
Pursuant to art. 2 of the law 604/66 the dismissal must be communicated in writing. But the law does not impose a particular mode of communication, nor does it establish the need for subscription. Therefore, although certainly preferable to use registered mail with return receipt, you can also communicate dismissal by other means (see. Civil […]
Short-term injuries. From October 12th, any injuries must be reported to Inail
The decree from the Minister of Labour no. 183/2016 – establishment of the national information System for prevention in the workplace (SINP) – establishes the obligation of the employer to communicate to Inail, electronically and within 48hrs from receipt of a medical certificate, the injuries of employees obtained at work that foresee a duration of […]
Productivity award. When the employer does not out the objectives to be achieved
As a rule, the collective contracts, in establishing the productivity award, identify the criteria for quantification and accrual, or assign them to the contracting company. However, it is also possible that the collective negotiation assigns the task of identifying the objectives for the attainment of the right to the award in favour of workers to […]
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 […]
Employees using internet for personal use can be controlled from a distance
The Court of Appeal, with sentence no. 14862 of 2017, has established that the employee who repeatedly uses internet for personal use can be controlled from a distance by their employer, who in this case is free from the constraints provided in article 4 of Legislation 300/70.Therefore, the dismissal of the employee in his case […]
Social enterprises cannot pay their workers more than 40% of what has been previously stipulated by collective contract.
Article 2, letter b of legislative decree number 112 of 2017 holds indirect distribution of profits to be illegal for social enterprises, “both employed and self-employed personnel cannot receive pay or compensation greater than 40% of what has been previously stipulated by collective contract, with the same qualifications.”This norm provides, however, that one may derogate […]