The employee who proposed to issue invoices based on bogus documents is entitled to be reinstated. Under the new article 4 of the Workers’ Statute, the employer cannot prove the misconduct using data collected through company tools (e-mails and software), unless the employee has been informed about the possibility and the modalities of control through such tools.

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Published on the Official Journal the so-called “Simplifications Decree”, including urgent measures on support and simplification for private companies and public administration. The provision introducing, as for January 2019, the obligation to keep the so-called “LUL” (i.e. the Single work ledger) at the Minister of Labour has been abolished. The Decree shall be converted into law within 60 days from its publication.

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Article 42, par. 5, Legislative Decree no. 151/2001, was deemed as unconstitutional for not granting the extraordinary leave for taking care of disabled parents also to their non-cohabiting children; employees not cohabiting with their seriously disabled parents are entitled to the extraordinary leave, when no other relatives are entitled to such right.

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The employee’s justifications sent within 5 days from the receipt of the company’s disciplinary letter are not deemed to be late. For this reason, the disciplinary actions taken before receiving the employee’s justifications are unlawful. The applied NCBA, in fact, makes explicit reference to the date of submission of the justifications and not to the date of their receipt.

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As for collective dismissal, the selection criteria for redundant employees agreed within the collective agreement with Trade Unions prevail over those provided by law. Therefore, it is lawful to dismiss employees with less professional skills but with higher length of service, if the criteria of high-specialized skills has been chosen by the collective agreement.

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Travel and accommodation allowances for working abroad shall be excluded from the calculation of the TFR (i.e. severance payment). Such amounts are not considered part of the employees’ salary, since their only purpose is to refund expenses incurred as a result of the transfer.

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Frequent sick leaves taken near to holidays or weekends do not ground the dismissal for poor performance, despite causing inconvenience to the company’s organization and disservices. Therefore, before proceeding with the dismissal, it is necessary to wait that the days of absence from work exceed the illness-protected period.

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It is grounded on just cause the dismissal of the employee who threats his superior “to die”: despite generic, such words may be enough to frighten the threatened person and, within the working context, violate the collaboration, loyalty and subordination obligations toward the superior.

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The employer, who communicates to the previous Trade Union the name of the new one chosen by the employee, is held liable for unlawful data processing. The company shall only communicate the employee’s decision to no longer join such Trade Union, so that it can carry out the procedure following the membership cancellation.

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As for the so-called “Tax Credit Training 4.0”, the Minister of Economic Development provided some clarifications on the deadline for filing collective bargaining agreements at company or territorial level, on the admissibility of the on-line training and on the combination of tax credit with other training incentives.

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Assolavoro and Trade Unions signed the draft renewal of the NCBA. The entry into force of such agreement is subject to the approval of the parties’ Deliberative Bodies, except for the provisions relating to the definition of a transitional regime, to the regulation of the limit to the succession of fixed-term contracts between the agency and the employee and to the regulation of the maximum number of extensions.

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by Paola Gobbi and Marilena Cartabia

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