The Company policy not allowing to wear veil or any politic, philosophic or religious visible sign in the workplace does not constitute a discrimination, not direct nor indirect, as long as justified by the Company’s target to be politically, philosophically and religiously neutral. Download Court of Justice EU, 14th March 2017, lawsuit C-157/15
The Company policy not allowing to wear veil or any politic, philosophic or religious visible sign in the workplace does not constitute a discrimination, not direct nor indirect, as long as justified by the Company’s target to be politically, philosophically and religiously neutral. Download Law Decree, 17th March 2017, no. 25, Official Journal no. 64 dated 17th March 2017
The Chamber of Deputies approved the bill providing measures to protect the self-employment and to promote the flexible organization for the subordinate employment with reference to working time and working place (so called smart working), which now goes to the Senate for the final approval. Download Minister of Labor, Press release, 9th March 2017
It is lawful to dismiss the employee who cop a plea after he has been found in possession of a big amount of drug, because the employer has grounds to fear that the employee will sell drug within the company as well, jeopardizing the general workplace conditions Download Court of Cassation, 29 March 2017, no. 8132
It may constitute a crime a person’s behavior who, although entitled to access to the Company’s IT system, forwards company’s files containing know-how data from his/her own company email account to third parties’ email accounts, if the company policy does not allow that. Download Criminal Court of Cassation, 24th March 2017, no. 14546
The resignation are valid and cannot be annulled for moral violence also if they are served by the employee after the employer threated the dismissal and the request of damages, which are believable in light of the seriousness of the employee’s behavior. Download Court of Cassation, 23th March 2017, no. 7523
When ruling on the dismissal for just cause, the Judge is entitled to evaluate the Collective Bargaining Agreements’ provisions only when, in violation of article 2106 of the Italian Civil Code, provide the dismissal, instead of a conservative sanction, for less serious behaviors. Download Court of Cassation, 21st March 2017, no. 7166
Also in case of dismissal without reasons, the burden of proof of the discrimination is always on the manager dismissed, since it is not possible to assume that the dismissal is unlawful only because the dismissal letter does not specify the related reasons. Download Court of Cassation, 9th March 2017, no. 6097
The employee can be dismissed for just cause in case he/she did not control the work of other employees, as long as such omission disregards the trusty duty and damages (also the reputation of) the employer. Download Court of Cassation, 1st March 2017, no. 5273
The Criminal Court of Cassation has ruled that the video and auditory registrations between persons, also a conversation, represent a valid documentary evidence, because suitable to crystallize objectively a fact occurred. Therefore, we cannot exclude that, in the future, this principle will apply in the civil lawsuits as well. Download Criminal Court of Cassation, 3th February 2017, no. 5241
The National Institute for Mandatory Work Insurance (INAIL) has communicated how to calculate the insurance premium to be paid by the companies for those employees working outside EU, in Countries that have not entered into social security agreements. Download INAIL Circular no. 12 dated 9th March 2017
