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, […]
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 […]
Undeclared employment is sufficient grounds to shut down a company.
It is not necessary to “seriously and repeatedly violate the rules on safety measures on the worksite”Article 14, Legislative Decree number 81/2008 authorizes the Provincial Labour Office to shut down a company in two hypothetical cases: 1) if the company employs personnel without the necessary documentation, if the number of illegal workers is equal or […]
The Menichetti Law Firm winner at the Le Fonti Awards 2014
LE FONTI AWARDSTHE MENICHETTI LAW FIRM WINSBoutique of Excellence Best Legal Firm – Labour LawThe fourth edition of the International Le Fonti Awards took place on Tuesday, June 10th, 2014 at the prestigious Mezzanotte Palace hall in Milan, the headquarters of the Borsa Italiana (Italian stock-exchange). The awards are promoted by the Gruppo Editrice Le […]
Contributory omission and unjust dismissal
ONLY IN THE CASE WHERE DISMISSAL IS DECLARED NULL OR INEFFECTIVE SHALL SANCTIONS BEGIN FOR CONTRIBUTORY OMISSION.Said sanctions do not occur in case of dismissal without just cause or a justified motiveThe united divisions of the Court of Appeal, with sentence no. 19665 of September 18th, 2014, have established that even in relation to dismissals […]