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 […]
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 […]
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 […]
Past, present and future of Trade Union Law – an interview with Lawyer Claudio Damoli
The Menichetti Studio boasts almost 40 years of experience in the sectors of labour law, social security, trade union law, and commercial distribution contracts. Above all from a regulatory point of view, what has changed during those decades?Labour law has been and still is going through a phase of considerable evolution. Labour law of the […]
Trade union and industrial relations law ” Interview with lawyer Lorenzo Cantone
In terms of union representation, what have been the most important changes in recent years at the legislative level?Contrary to many other branches of our law, which too often see a legislative activity overflowing in quantity, but poor quality and clarity, our trade union law is characterized by a legislative intervention that is prestigious in […]