When one may dismiss a disabled employee
The Appeal (sentence 10576/17) has recently declared the dismissal of a disabled employee due to worsening of health conditions as unlawful, obligatorily accepted under legislation 68/99, as it is only arranged on the basis of the judgement of unsuitability expressed by the specialist doctor to the duties, without the consent of the medical commission ex […]
Video surveillance only with Trade Union agreement
Companies can install video cameras that involve controlling work activities only with the agreement from the Trade Union or with the alternative administrative authorization provided in article 4. Legislation 300/70. Agreement from all workers involved is not enough. It has been reaffirmed recently by the Supreme Court, with sentence no. 22148 of 2017.
Retaliatory dismissal: a company’s desire to make workers redundant has to be proved
By Sentence number 14456, published on 9 June, 2017, the Supreme Court established that retaliatory dismissal can only be annulled if the worker can prove that the redundancy was based on retaliation: in other words that the worker was fired only as a consequence of his or her undesirable behaviour as perceived by the employer, […]
More privacy in companies from May 2018
In just almost two years, starting May 25th of 2018 companies will have to comply to new European Regulation on personal data protection, which reinforces the protections already provided by Italian laws on privacy. These are the main changes:– the introduction of a company manager, who will need to control the compliance with the privacy […]
Jobs Act also for the self-employed
The new Jobs Act for self-employed workers has introduced new rights and forms of protection in favour of professionals with VAT identification numbers.Among the many novelties, a few outstanding ones are: the rights of professionals to apply an interest rate on arrears (currently 8%) for unpaid bills, and furthermore, the ban on making agreements to […]
The new vouchers
From July 10th the new vouchers can be used, or, to better put it, the two new tools provided to pay for the casual labour carried out for families and businesses. Respectively the “family booklet&rdquo
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 […]
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 […]