According to the European Court of Justice, the national legislation allowing the dismissal of a pregnant employee because of a collective redundancy does not violate the European law, since the general prohibition gives except for exceptional cases not connected with the employee’s conditions. Download European Court of Justice, February 22nd, 2018, C- 103/16 Leggi e scarica l'approfondimento
In case of international secondment, the judicial authority of the hosting State can disregard the social security certificates issued by the other State if there is a fraud, as long as the company suspected of having used posted employees covered by such certificates is allowed to try to deny the charges. Download European Court of Justice, February 7th, 2018, C- 359/16
The employer is fined if does not grant the safety footwear to the employees, violating the obligations provided for Legislative Decree no. 81/2008: the employer is not exonerated from responsibility if he did not expressly appointed the branch manager as the person in charge for such safety obligations. Download Court of Cassation criminal section, February 7th, 2018, no. 8404
Following the ruling of the European Court of Justice (C-143/2016), the Court of Cassation has stated that it is lawful to dismiss the employee hired through a job on-call contract who turns 25 years old: there is no age discrimination since the law is aimed to achieve a lawful employment policy result. Download Court of Cassation, February 21st, 2018, no. 4223
The employer is responsible for the physical and physic damages suffered by the employee subject to straining, i.e. proven hostile behaviors consisting in unjustified removal of the working tools, assignment of tasks not compatible with the employee’s health condition, leaving the employee in complete inactivity. Download Court of Cassation, February 19th, 2018, no. 3977
In the absence of the provision expressly requiring the written notice in case of withdrawal, the employer is entitled to withdraw orally from the company collective agreement during a meeting with unions. Download Court of Cassation, February 2nd, 2018, no. 2600
The Italian Labor Inspector has provided new practical guidelines concerning installation and utilization of video cameras, including the possibility for the companies to focus the video cameras directly on the employee and the possibility not to mention, within the authorization request, the right position and number of cameras to be installed in the workplace. Download Italian Labor Inspector, Circular no. 5 dated February 19th
The Italian Social Security Institute (INPS) announced the increase of the dismissal ticket for dismissals served, as for January 1st, 2018, within the collective redundancy procedure, applicable to the employers required to finance the s.c. extraordinary salary integration. Download INPS, Message no. 594, dated February 8th, 2018
Farmindustria and Federchimica and Femca-Cisl, Uiltec-Uil signed a Common Announcement for the institution of the Bilateral Solidarity Fund (called T.R.I.S.) to support the employees’ income and the s.c. generational handover. Download Agreement for the institution of the Bilateral Solidarity Fund, dated February 14th
