Preliminary ruling to the Constitutional Court which will have to state about the legitimacy of Art. 18, paragraph 7 of the Workers’ Statute. The possibility for the Judge to order compensation rather than reinstatement would involve an unequal treatment, in case of non-existence of the fact grounding the dismissal. Download Tribunal of Ravenna, order dated February 7, 2020
Only compensation to the employee hired under the “increasing protections” regime and dismissed before the five-day term for the employee to present his defenses. The employee is entitled to eight months’ salary, taking into account the new compensation provided by the Dignity Decree. Download Tribunal of Venice, ruling no. 11 of January 14, 2020
Limited liability companies (and cooperative companies) are required to appoint an auditor or a supervisory body within the approval of the 2019 financial statements, also when companies for two consecutive fiscal years, have exceeded at least one of the legal thresholds (assets: €4 million; revenues from sales and services: €4 million; average number of employees during the fiscal year: 20 individuals). Download Law February 28, 2020 no. 8, published in the Official Journal no. 51 of February 29, 2020
An easier flexible work procedure will be possible until March 15, in Lombardy, Emilia Romagna, Piedmont, Liguria, Veneto and Friuli Venezia Giulia, without the individual agreement with employees and the information on health and safety risks at work can be sent electronically. Download Decree of the Chairman of the Council of Ministers dated February 25, 2020, published in the Official Journal no. 47 on February 25, 2020
Dismiss for just cause of an employee who makes inquiries into current accounts not related to his working activity, as long as the employer has provided information pursuant to Art. 4 of the Worker’s Statute on the use of working tools and remote monitoring. Download Court of Cassation, ruling February 24, 2020, no. 4871
In case of reorganization aimed at costs reducing or revenues increase, the redundancy is lawful, as it is a free choice of the entrepreneur. The company is not required to prove the negative economic trend. Download Court of Cassation, order February 17, 2020 no. 3908
The employee who leaves his job after threatening the production manager may be lawfully dismisses. Any behavior that may compromise the proper implementation of the directives given within the company organization is deemed as insubordination. Download Court of Cassation, order February 11, 2020 no. 3277
The employee’s absence due to accident at work is included in the illness-protected period only as long as it derives from an occupational disease and the employer has not complied with his obligations to protect health and safety at work. Download Court of Cassation, ruling February 4, 2020 no. 2527
Disciplinary proceeding pursuant to Article 7 of the Workers’ Statute applies to apprenticeship in case of dismissal due to apprentice’s misconduct. Download Court of Cassation, ruling February 3, 2020 no 2365
Clarifications from the Revenue Agency on the new system for withholding taxes to be applied on in-house contracts (pursuant to Law Decree 124/2019). Moratorium until 30 April for contractors who have made a correct payment of withholding taxes, without, however, separate payments for each principal. Download Revenue Agency, Circular February 12, 2020, no. 1
INPS has clarified the procedures for communicating data relating to compensation as fringe benefits and stock options granted to staff whose employment terminated in fiscal year 2019. Download Confetra, Circular February 13, 2020 no. 28
Trade Unions agreed to “freeze” the payment of the contractual holiday allowance, provided for in the NCBA for logistics, transport and shipping, which would have started as from February 2020, starting from the previous month, pending the negotiations for the renewal of the NCBA. Download Confetra, Circular February 13, 2020 no. 28
