Dignity Decree has been published on the Italian Official Journal green light to the reform under the beach umbrella. By Paola Gobbi e Marilena Cartabia. Download Download the attachment
The dismissal for objective reasons of an employee working in a business unit closed after a reorganization and reduction of company’s costs cannot be deem as unlawful in case of new hiring of employees for a short period of time with a fixed-term contract or as temporary agency workers. Download Court of Cassation, July 25th, 2018, no. 19731
In case of resignation, the parties may agree a longer notice period than the one provided by the applicable NCBA as long as, in consideration of such agreement, economic and training benefits are provided to the employee. Download Court of Cassation, July 18th, 2018, no. 19080
It is grounded on just cause the dismissal of the employee who hit his superior, who then had to go to the ER because of such aggression. The employee’s behaviour violates civil and criminal laws, therefore, it cannot be considered as one of the cases listed in the applicable NCBA, which are punished with conservative sanctions. Download Court of Cassation, July 17th, 2018, no. 19013
It is lawful to dismiss for subjective reasons an employee who spend more than three hours to finish a job, which should have taken to him, as an expert worker, just half an hour. In such a case, are taken into account the three precedent conservative sanctions already imposed to him for similar breaches. Download Court of Cassation, July 5th, 2018, no. 17685
The agent who carries out activities in competition with his principal, during the relationship, and “leave” the assigned area, cannot terminate the contract for just cause: irrelevant is that the principal revoked benefits granted to him. Therefore, the principal is entitled to the indemnity in lieu of notice. Download Court of Cassation, July 4th, 2018, no. 17524
To tolerate hidden funds to buy gifts for clients is contrary to the rules of strict company administration and accounting. Therefore, it is lawful to dismiss the manager who tolerates such practice and does not inform the new top management of the company since the fiduciary obligation has been violated. Download Court of Cassation, July 3rd, 2018, no. 17356
The National Labour Inspector have clarified that the violation of the obligation to hire disabled employee is an instantaneous violation with permanent effects: such qualification has consequences on identifying of the applicable law in case of succession of laws over time and on how to calculate the prescription period. Download National Labour Inspector, Note register no. 6316 dated July18th, 2018
The National Labour Inspector gives instruction to the inspectors on how to calculate salary and social security contributions due to employees who work in unlawful tenders and clarifies that the customer could have to pay the total amount of the social security contributions being real user of the employees’ working activity. . Download National Labour Inspector, Circular letter no. 10 dated July 11th, 2018
The National Labour Inspector has given further clarifications to the inspectors on how to calculate the administrative fine, ranging between Euro 1,000.00 to Euro 5,000.00, in case of violation of the prohibition to pay salary by cash. Download National Labour Inspector, Note register no. 5828 dated July 4th, 2018
Signed the Renewal of the NCBA Chemical and Pharmaceutical industry for the years 2019 – 2022. In the regulatory part, changes concern issues such as social responsibility, vocational training, productivity and flexibility. In the economic part, the Minimum Economic Treatment has been increased by 97 euro. Download Draft Renewal of the NCBA Chemical and Pharmaceutical industry dated July 19th 2018
The employers’ associations (Federmeccanica and ASSISTAL) and Trade Unions (Fim-Cisl, Fiom-Cgil and Uilm-Uil) of the metal sector have signed the minutes of agreement which regulate further vocational training and professional apprenticeship in the NCBA for Metal industry. Download Minutes of Agreement dated July 12th, 2018
