Waivers and settlements recorded in a record of settlement, signed before Trade Unions, can be challenged in court if the applied NCBA applied does not govern the settlement nor its procedure. Furthermore, the record can be challenged if the Trade Union’s representative has not effectively assisted the employee. Download Court of Rome, ruling no. 4354 of May 8, 2019
The latest European Law (law for the fulfillment of the obligations arising from the membership to the European Union) has modified some provisions regulating the profession of business intermediaries (Law no. 39/2989), in particular with reference to incompatibility issues with other professional activities. Download Law no. 37 of May 3, 2019, published on the Official Journal no. 109 of May 11, 2019
No reinstatement for the employee, ranked as middle-manager, who was dismissed because during a phone call, made in presence of a female colleague and with the company phone, he had used some “erotic” expressions twice. However, such behavior does is not warrant a just cause for dismissal and the employee is only entitled to an indemnity. Download Court of Cassation, ruling no. 14500 of May 28, 2019
It is lawful to dismiss for just cause the employee who slaps a colleague in front of a client: it is irrelevant that the aggression was provoked by an argument, if it was the consequence of the employee’s oral threats. Download Corte di Cassazione, sentenza n. 13534 del 20 maggio 2019
If the company cannot prove the damages suffered as a consequence of the employee’s behavior, which violated the company’s internal procedures, the just cause dismissal can be reclassified by the Judge as a dismissal for subjective justified reason, in compliance with the provisions of the applied NCBA. Download Court of Cassation, ruling no. 13023 of May 15, 2019
The executive who secretly records the conversations with his colleagues, with the aim to protect his position within the company and to collect a piece of evidence, is not committing a disciplinary offence, as long as the recordings pertain to his defense’s arguments and do not have secondary purposes. Download Court of Cassation, ruling no. 12534 of May 10, 2019
It is lawful to dismiss the employee who hides to take a nap on the workplace, avoiding the employer’s controls and simulating conditions of full operativity. Download Court of Cassazione, ruling no. 12365 of May 9 2019
The Ministry of Labour clarified that the so-called “silent approval” does not apply to authorization requests addressed to National Labour Inspectorate for the installation of audiovisual equipment (or other devices allowing the remote control on the employees’ working activity): the Inspectorate shall always issue a decision accepting or rejecting the applicant’s request. Download Ministry of Labour, Question no. 3 of May 8, 2019
The INPS clarified that employers receiving social security rebates on productivity bonus can apply the same rebate on the additional tax rate of 0,50 % introduced by art. 3 of Law 297/1982. Download INPS, Message no. 1817 of May 10, 2019
On May 17, 2019, the Trade Unions signed a prorogation agreement (up to December 31, 2019) of the NCBA for the third sector, distribution and services; the idea is to synchronize the duration of the various contracts applied within the sector. Download Agreement of May 17, 2019
