If the employer does not follow the (immediately enforceable) order issued by the Judge to reinstate the employee, the employer can be ordered to pay damages to the employee, to be returned if the order is reformed afterwards. Download Constitutional Court, April 23th, 2018, no. 86
It is lawful to dismiss the employee who posts on Facebook disparaging comments on his employer, even without mentioning the employer’s name when it is easily recognizable. The employee’s behavior is deemed as defamation, because the social network potentially allows such disparaging comments to reach an undefined number of people. Download Court of Cassation, April 27th, 2018, no. 10280
The employee’s forced inactivity, not considered mobbing, shall be indemnified when it does not represent an employer’s lawful decision justified by entrepreneurs’ freedom under article 41 of the Italian Constitution) or disciplinary powers. Download Court of Cassation, April 20th, 2018 no. 9901
It is lawful to dismiss for just cause the security guard that leaves the workplace for a coffee, because such a behavior represents “workplace abandonment” as provided by the NCBA for employees working for private security companies. Download Court of Cassation, April 12th, 2018 no. 9121
It is lawful to dismiss the employee following the termination of the service contract he/she worked for, as long as it is proved that the termination of the service contract actually causes a reduction of the production activities with related need to reduce the workforce. Download Court of Cassation, April 11th, 2018 no. 8973
In case of employee permanent disability, the employer shall verify if there are alternative positions that can be assigned to him/her, even at lower level. However, to balance out the right to keep the job position and the entrepreneurs’ freedom, the assignment of the alternative position shall be compatible with the employer’s interests and shall not distort the company’s organization. Download Court of Cassation, April 5th , 2018 no. 8419
Through Circular no. 20 of April 18th, 2018, INAIL provided the minimum level of taxable salary for the calculation of INAIL insurance premium for 2018. Download INAIL Circular, April 18th, 2018, no. 20
Through Circular no. 8/2018, NLI provided its inspectors with operative directives to monitor training relationships and identify bogus stages. Download NLI Circular, no. 8, April 18th, 2018
Through the agreement signed on March 26th, 2018, the signatories union of the “NCBA Metal Industry” provided the guidelines for the free transfer of rest and holiday hours between colleagues, for the assistance to their underage child who need constant care, to be deemed as the basis to regulate the s.c. “banca ore solidale” at collective company agreement level, otherwise it cannot be activated and used. Download Agreement dated March 26th, 2018
