The Constitutional Court shall evaluate the “increasing protections” law that no longer provides the reinstatement of the employee in case of unlawful dismissal, except for dismissal null and void, retaliatory dismissal and certain disciplinary dismissal. Download Tribunal of Rome, order 26 July 2017
The employee hired through increasing protections contract who boycotted, along together some colleagues, the company activity through a WhatsApp chat has been reinstated (the employer filed his defenses but did not prove the behavior alleged to the employee). Download Tribunal of Milan, 28 June 2017
The dismissal served through WhatsApp has the written form required by the law since it is an IT document, therefore the employee shall challenge it out-of-Court and in Court following the ordinary law terms, otherwise the employee loses the right to do so. Download Tribunal of Catania, 27 June 2017
It is lawful to dismiss the employee who accrues, on his own fidelity card, the clients’ points, being aware to violate, repeatedly, the company policy: in order to evaluate the seriousness of the behavior it does not matter the economic damages for the company, instead it matters the violation of the fiduciary relationship between the employer and the employee. Download Court of Cassation, 24 July 2017 no. 18184
Only damages and no reinstatement for the employee, appointed to verify the respect of the Company price policies in Italy, dismissed for unjustified absences and violation of the working, time found out through investigations not subject to article 4 of the Law 300/1970. Download Court of Cassation, 18 July 2017 no. 17723
It is lawful to dismiss the employee caught, during the sick leave, driving a farming vehicle and binding grapevines, because those activities delayed the healing and the return to work. Download Court of Cassation, 17 July 2017 no. 17636
A radio-frequency badge sending data to the Company HR office in real time, allowing the verification of the starting and finishing time, the suspensions, the permits and the breaks, represents an unlawful distance control tool. Download Court of Cassation, 14 July 2017 no. 17531
The employee dismissed, after he went back to work, for having exceeded the illness protected period, shall prove in Court that the employer tacitly waived the right to dismiss him for having exceeded the illness protected period, otherwise the dismissal is lawful. Download Court of Cassation, 4 July 2017 no. 16392
The National Social Security Contributions Institute published the instructions for the social security contributions reductions granted to the employer (up to € 3.250 per year), for the open-ended hiring, also apprenticeships, made during the years 2017 and 2018. Download INPS, Circular 10 July 2017, no. 109
The National Social Security Contributions Institute published the first clarifications on the new occasional work, aimed to replace the abolished vouchers, in particular for those circumstances where now it is again allowed (i.e. families and companies with less than 5 employees). Download INPS, Circular 5 July 2017 no. 107
The European privacy Authorities reunited in the Group “Article 29” (WP29) drafted the guidelines providing the fundamental principles and real examples for the correct data process at work, aimed to guarantee the respect of private life, freedom and dignity of any employee, taking into account the laws currently in place and the news provided by the EU Regulations 2016/679 that will be in force as of May 2018. Download Opinion on data processing at work dated 8 June 2017
