The so-called “increasing-protection” regime does not apply to the employee hired before March 7, 2015, through a fixed-term employment contract then converted in an open ended-one: in case of dismissal, the “old” provisions of article 18 Workers’ Statute apply. Download Court of Rome, ruling no. 75870, August 6, 2018
The Genoa Decree, recently converted into law, has introduced certain labor law provisions: it provides for support for companies damaged by the Morandi Bridge’s collapse, extraordinary State founded measure for company in crisis, exemption from paying the mandatory severance payment quota and the so-called “dismissal ticket” for companies in liquidation or in special administration. Download Law no. 130, November 16, 2018, published in the Official Journal no. 269 of November 19, 2018
The Court of Cassation, taking into account the NCBA applied by the company, established that it is lawful to dismiss for just cause the employee who uses the company assets violating the Company’s ban: regardless of the order received by the hierarchical superior, what matters according to the Judge is that the employee knew he did not received the related training and he was recidivist. Download Court of Cassation, ruling no. 30122, November 21, 2018
The employee dismissed 4 months after the termination of the illness protection period is entitled to reinstatement and damages. The employer’s behavior, indeed, created the employee’s legitimate expectation on the prosecution of the employment relationship. Download Court of Cassation, ruling no. 29402, November 15, 2018
It is lawful to dismiss the employee who posts on Facebook offensive images and comments against his employer: according to the Court of Cassation, the investigation made on the employee’s Facebook page is not an investigation on his personal opinion, not allowed by the law, instead it is an investigation aimed to ascertain his professional attitude. Download Court of Cassation, ruling no. 28878, November 12, 2018
Dismissals grounded on the employees’ prolonged and unjustified absence are lawful, even when the employer fails to post up the disciplinary code in the accessible place; indeed, the fulfilment of such obligation is held to be necessary only when the dismissal is grounded on specific provisions introduced by collective agreements (including at company-level). Download Court of Cassation, ruling no. 28232, November 6, 2018
When the social and working context changes, the probationary period clause is lawful, even if the employee, who had previously been hired through consecutive fixed-term contracts, has already carried out the same tasks. The employer, indeed, has a legitimate interest to verify the employee’s professional skills and attitude within the new context. Download Court of Cassation, ruling no. 28252, November 6, 2018
INPS provided further guidelines on the “extraordinary leaves” (taken by pregnant workers to assist their seriously disabled cohabiting spouse or children) which, following a recent ruling of the Constitutional Court, have been excluded from the calculation of the 60 days prior to the mandatory maternity leave period. Download INPS, Message no. 4074, November 2, 2018
After the publication of the Dignity Decree, the employers’ associations Assaeroporti, Assohandler, Assaereo, Assocontrol and Fairo and the Trade Unions Filt Cgil, Fit Cisl, Ultrasporti e Ugl TA entered into an agreement on seasonal work in the airport and air transport sector. The agreement will be valid until the renewal of the NCBA Air Transport General and not later than May 31, 2019. Download Report on agreement of November 19, 2018, on seasonal work in the air transport sector