When the employee is hired through a fixed term contract before March 7, 2015, and the parties agree to convert it an open-ended one, the so-called “increasing protections” regime applies; however, when the conversion of the contract is ordered by the Judge, the “old” regime of the art. 18 Workers’ Statute applies. Download Court of Parma, ruling no. 383 of February 18, 2019
The new Code, which replaces the “old” Insolvency Law, establishes a set of rules on the crisis and insolvency of debtors (consumers, professionals and entrepreneurs). The goal is to reform insolvency procedures – introducing solutions that might promote the continuity of the business – and to harmonize the rules on crisis’ managements with forms of protection on employees’ job place and salary. Download Legislative Decree, January 12, 2019 no. 14, published on the Official Journal no. 38, of February 14, 2019
The employer must provide evidence of the reorganizational needs grounding the dismissal for economic reasons (e.g.: need for a more efficient organization), otherwise, the termination is deemed unlawful. Download Court of Cassation, ruling no. 4946 of February 20, 2019
Doing leisure activities while enjoying paid leaves of absence for Union purposes is considered as “unjustified absence”: the employee can be sanctioned with a dismissal. Download Court of Cassation, ruling no. 4943 of February 20, 2019
It is lawful to dismiss the employee who, while enjoying a special work permit under Law. 104/1992, was caught up shopping instead of attending his sick relative. Investigation agencies, under the employer’s request, can monitor the employee’s activity to ascertain the commission of crimes or fraudulent acts towards the Company. Download Court of Cassation, ruling no. 4670, February 18, 2019
The Court of Cassation rejected a claimant’s request to convert a fixed-term temporary agency work contract, which did not specify the name of the replaced employee, in an open-ended one: when the employer is a complex Company, the indication of the employee’s job title is enough to allow the authorities to ascertain the Company’s need to temporarily hire a new worker. Download Court of Cassation, ruling no. 3463, February 6, 2019
The INPS clarified that, as for the year 2019, paternity leaves have been extended up to 5 days, that shall be enjoyed (not necessarily at once) within 5 months starting from the child’s date of birth or, in case of national/international adoption, from its arrival within the family or in Italy. Download INPS, Message no. 591 of February 13, 2019
The Italian Labor Inspectorate provided some further clarifications on the hypothesis of fraudulent temporary agency work, with a special focus on service contracts. Download Italian Labor Inspectorate, circular letter no. 3 of February 11, 2019
The Italian Labor Inspectorate clarified that it is possible to enter into a new fixed term contract before the Territorial Labor Inspectorate when the duration of the first fixed-term contract is equal to 24 months (the maximum duration set by law) or equal to the different duration set by the NCBA applied. Download Italian Labor Inspectorate, Note no. 1213 of February 7, 2019
On February 2019, 25, Abi, Fabi, First-Cisl, Fisac-Cgil, Uilca e Unisin Falcri-Silcea-Sinfub entered into three agreements: Suspension agreement until May 31, 2019, Agreement on the renewal of Unions freedom, Operational Agreement of the FOC (National Fund for the support of the employment in the Credit sector) Download Minutes of agreement of February 25, 2019
