As for the obligation to prove the facts grounding the dismissal for just cause, the burden of proof lies with the employer, also under the new so-called “increasing-protection” regime. Default in appearance during the first instance proceeding results in non-compliance with the burden of proof: the appeal was rejected. Download Court of Appeal of Milan, ruling no. 1994/2018, January 10, 2019
Companies hiring employees entitled to the minimum income for citizens will obtain a social security reduction. The benefit is equal to difference between the 18 monthly instalments of the basic income and the amount effectively perceived by the employee since the moment of its hiring. Two conditions: the employee shall not be dismissed during the first 24 months of work and the employer shall not have committed any violation preventing the issuing of the “DURC” (Certification of labor compliance) over the last three years. Download Law Decree no. 4, January 28, 2019, on the Official Journal no. 23 of January 28, 2019
Collective redundancy procedures involving executives are unlawful if, in addition to the employee’s trade unions, the Company failed in summoning the most representative Executives’ Trade Union. The executive of the present case was entitled compensation for damages. Download Court of Cassation, ruling no. 2227 of January 25, 2019
The dismissal served to the employee recently returned to work after the maternity leave is not deemed to be discriminatory as long as the employer demonstrates that there was a reorganization leading to the suppression of the employee’s job position and that she refused to be assigned to another job title, even if lower-grade. Download Court of Cassation, ruling no. 1377 of January 18, 2019
There is no obligation to justify the dismissal of the employee who reached the retirement age; however, the employee is not exonerated from serving the dismissal in writing and to grant the employee the due notice period. Download Court of Cassation, ruling no. 521 of January 11, 2019
It is lawful to dismiss for just cause the employee charged of having committed a criminal offense before his hiring if the employer became aware of the criminal challenge after the entry into of the contract and that the employee’s behavior outside the workplace is deemed inconsistent with the fiduciary duty. Download Court of Cassation, ruling no. 428 of January 10, 2019
In case of co-employment, the dismissal served within a collective redundancy procedure is unlawful if the organizational reasons behind the procedure refer to only one company, without referring to the other companies where the employee used to work. Download Court of Cassation, ruling no. 267, January 9, 2019
It is possible to serve the employee two subsequent dismissals when the second one is grounded on a different cause or motivation: both the dismissals can legitimately terminate the employment, since the second dismissal is effective only when the first one is deemed to be unlawful or void in court. Download Court of Cassation, ruling no. 79 of January 4, 2019
According to the Minister of Labor, given the necessity to include the detachment within the individual training plan, the apprentice’s secondment is lawful as long as its modalities guarantee the fulfilment of the apprentice’s obligation to complete his internal and external training. Download Ministry of Labor and Social Policies, Note no. 1118 of January 2019, 17
The Italian Labour Inspectorate clarified that the increasing of the sanctions, introduced by the Balance Sheet Law, immediately applies to all the wrongful acts committed during the 2019, with an exclusion for those committed over the previous years, regardless of the date when they have been ascertained. Download INL, Circular letter no. 2 of January 14, 2019
On January 2019, Federcasse and the Cooperative Credit Trade Unions, entered into an agreement for the renewal of the relevant NCBA. In addition to the emoluments, the agreement dealt with the company level bargaining, the professional apprenticeship, relocations and the promotion of solidarity measures. Download Agreement for the renewal of the NCBA middle managers and employees of the Cooperative Credit Bank, January 9, 2019