A very recent Court ruling issued by the Tribunal of Busto Arsizio (December 11th, 2017) reinstated an employee hired through the so-called increasing protection contract: according to the Judge, the dismissal was retaliatory because it was disproportionate compared with the allegations and violated the principle providing that the allegations letter cannot be edited.isciplinare. Download Tribunal of Busto Arsizio, December 11th, 2017
The new State Balance sheet Law for 2018, published on December 29th, 2017, provides measures aimed to reduce the young unemployment rates: the Law provides social security reduction of 50%, for the first year, for employees younger than 35, and a social security reduction of 50% for the first 3 years for new open-ended hiring of employees younger than 29. The reduction is equal to 100% for the same new hiring in South Italy. Download Law dated December 27th, 2017
The illness called “labour adjustment disorder” is confirmed even when during the sick leave the employee works, discontinuously and for a limited period, in his family tobacco shop. Download Court of Cassation, December 19th, 2017
It is unlawful to dismiss the employee who took € 250 from the cash register, leaving a signed post-it stating that she did it, as long as she return the amount immediately: according to the Court, the fact that she returned the amount and that she left a message proves that she did not want to steal the money, therefore the fiduciary duty is not violated. Download Court of Cassation, December 15th, 2017, no. 30224
The unilateral modification of the employee’s duties and tasks imposed by the employer, for a permanent period and violating article 2103 of the Italian Civil Code, justifies the employee’s resignation for just cause, obligating the employer to pay the indemnity in lieu of notice. Download Court of Cassation, December 13th, 2017, no. 29958
It is unlawful to dismiss the employee that did not receive the due training, because the behaviour alleged cannot be considered a serious negligence justifying the termination of the employment. Download Court of Cassation, December 6th, 2017, no. 29239
It is lawful to dismiss the employee even if the disciplinary procedure started after an anonymous warning sent to the Company’s Managing Director: the law does not prevent to start a disciplinary procedure based on an anonymous warning, as long as the facts alleged are proved. Download Court of Cassation, December 4th, 2017, no. 28974
The INL clarified the correct application of the law on mandatory hiring (Law March 12th, 1999, no. 68) for cooperative banks, stating that par. 1 of article 4 of the mentioned law – excluding the mandatory hiring obligations for cooperative partners – does not apply to the cooperative banks. Download INL, Letter no. 10701/2017 dated December 7th, 2017
The Minister of labour and Social policies explained that the mandatory training does not apply in case of professional apprenticeship contracts entered into with employees older than 29, which already received the related training during previous employment relationships and in case of hiring of employees who already followed training courses. Download Minister of labour and Social policies, Reply no. 5/2017 dated November 30th, 2017
On December 3rd, 2017, the unions Confetra, Anita, Conftrasporto, CNA Fiat, Sna– Casartigiani, Claai and Filt Cgil, Fit CISL and Uiltrasporti signed the renewal of the NCBA for logistic, goods transport and shipping sectors, that now will be subject to the employees’ consultation. The above NCBA will expire on December 31st, 2019. Download NCBA for logistic, goods transport and shipping sectors, December 3rd, 2017
