In case of collective dismissal, employers shall submit a communication with a list of the dismissed employees, indicating the selection criteria applied; the 7 days term for the submission of such communication is peremptory and its violation renders the dismissal unlawful. The dismissed employee, hired through an “increasing protection” contract, is only entitled to the indemnity, calculated based on his overall length of service, accrued during the whole duration of the service contract assigned to different employers. Download Court of Appeal of Turin, ruling no. 316 of May 30, 2019
The dismissal served without a previous meeting with the employer is lawful if the employee did not explicitly asked for its appointment: the employee is entitled to require the appointment of such meeting, but he shall respect the deadline set out by law and formulate an explicit request, without using ambiguous expressions. Download Court of Cassation, ruling no. 16421 of June 19, 2019
It is lawful to dismiss for just cause the employee who refuels the company’s car using the company’s credits cards only for his personal use, charging the expenses on the company. Download Court of Cassation, ruling no. 15777 of June 12, 2019
Service agreements exactly describing contractor’s employees tasks are not held as fictitious. The Court rejected the employees’ request to ascertain their right to be hired by the principal, since the same could prove that the contractor had assumed the business risk and had maintained a directive power over the staff. Download Court of Cassation, ruling no. 15557 of June 10, 2019
Employers are prohibited from dismissing female employees during the period between the publication of the marriage banns and the first anniversary of their wedding; however, such dismissal is lawful whether it is due to a serious misconduct of the female employee and not to her wedding. Download Court of Cassation, ruling no 15515 of June 7, 2019
When the Court reverses a ruling, the employee shall refund the amounts received (before deduction of the IRPEF witholdings) by the employer. Whether the employment relationship is still ongoing, the employer can directly deduce such amounts from the employee’s payroll. In case of termination of the employment relationship, the employee shall certify, through an ad hoc declaration, the amount of the sums received following the Judge’s decision. Download Italian Revenue Agency, reply no. 206 of June 25, 2019
The Italian National Labour Inspectorate has provided its inspectors with some clarifications on a case of unlawful transnational secondment, where a company, headquartered in a EU State, seconded its employees to one of its business units in Italy. The Inspectorate affirmed that a company’s secondary office is an autonomous juridical subject, that can be autonomously sanctioned, only when it is registered in the Register of Companies and identified in Italy through a legal representative. Download INL, note no. 5398 of June 10, 2019
The INPS has clarified that parents with children born or adopted as from January 1, 2019, to December 31, 2019 are eligible for the so-called “baby bonus”; the bonus will be paid until the children’s first birthday, or until one year after their entry into the adoptive family. Download NPS, circular letter no. 85 of June 7, 2019
Employers’ and employee’s trade unions found an agreement on the renewal of the General Part of the NCBA Air Transport, introducing new provisions for the implementation of the recent legislative amendment on social protection and job market. Download Renewal agreement for the General Part of the NCBA Air Transport of May 30, 2019
On May 30, 2019, Federmeccanica, Assistal and Fim-CISL, Fiom-CGIL, Uil-UIL, undersigned the minutes of meeting for the adjustment of the minimum wage, on-call shifts and posting of workers for the employees of the metalworkers’ industry. Download Minutes of meeting of May 30, 2019