No reinstatement for the employee hired through an increasing protections contract, and dismissed because caught eating a sandwich and drinking a beer during the work shift, behaviors proved during the trial: the employee is only entitled to damages because the charges do not constitute a just cause of dismissal. Download Tribunal of Naples, ordinance no. 24234, July 11th, 2017
In place as of August 29th, 2017, the most interesting news provided by Law no. 124/2017 concern companies between professionals, the future adoption of a unique chart for non-economic damages arising from injuries and the regulation of supplementary welfare funds. Download Law August 4th, 2017, no. 124, Official Journal no. 189 dated August 14th, 2017
The Court action for damages raised by a Company against its former CEO, for unfair competition and violation of the rights on Company business secrets, shall be decided by the enterprises Specialized Sections and not by the Labor Judge. Download Court of Cassation, August 29th, 2017, no. 20508
Who discontinuously and unsteadily promotes the stipulation of contracts in the interest of a principal is a business procurer, not an agent. It does not matter the payment of the social security contributions to Enasarco if the collaboration is only sporadic. Download Court of Cassation, August 25th, 2017, no. 20411
The employee claiming the payment of extra working hours shall prove that he/she worked beyond the agreed working time: it is not enough to assert that he/she worked 9 hours per day, because the Judge may reasonably believe, based on the proofs provided during the trial, that 1 hour per day was for lunch. Download Court of Cassation, August 16th, 2017, no. 20110
The Bilateral Funds provide support for the employees that are going to be dismissed, therefore it is reasonable to believe that, amongst the requirements to have access to the benefits, there is the acceptation of the dismissal, with no chances to challenge it afterwards. Download Court of Cassation, August 11th, 2017, no. 20008
The employee dismissed, after he went back to work, for having exceeded the illness The manager who signed a mutual termination agreement cannot challenge it claiming its invalidation, where the manager was assisted by a lawyer during the negotiations and cannot prove the unjustified dismissal threat. Download Court of Cassation, August 10th, 2017, no. 19974
The employer pays the damages to the heir of the employee dismissed for disclosure of confidential information and company denigration, where the Judge rules that the dismissal is unfair because the letter of charge was generic and no defending audition was granted to the employee Download Court of Cassation, August 1st, 2017, no. 19103
Through Circular no. 16/2017, the Minister of Labor pointed out that, as of September 24th, 2017, the maximum threshold for the utilization of the CIGS for company crisis and reorganization will be equal to the 80% of the company workable hours, and provides the operational guidelines for the companies to manage and be in compliance with the new limit. Download Minister of Labor, Circular August 28th, 2017, no. 16
The fixed-term employee’s right of precedence is not violated in case of prosecution of the apprenticeship contract after the training period, nor in case of new hiring through apprenticeship contracts, where the fixed-term employee is already skilled for the final category provided by the apprenticeship contracts. Download Minister of Labor, Reply August 8th, 2017, no. 2
