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, […]
Facebook and porn-sites as reasons for dismissal
The worker on Facebook has also disparaged the companyThe Milan Court, labour-sector, with an order dated August 1st of 2014 and signed by Dr. Chiara Colosimo, has considered the dismissal of the worker with the just cause that, during working hours and using a company computer, the worker frequented porn sites and posted a photo […]
The Menichetti Law Firm, winner at the Le Fonti Awards 2016
LE FONTI AWARDSTHE MENICHETTI LAW FIRM WINSBoutique of Excellence Best Legal Firm – Labour LawThe sixth edition of the International Le Fonti Awards took place on Thursday, June 9th, 2016 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 […]
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 […]