After the ruling of the Constitutional Court on the so-called “jobs act”, in case of a collective dismissal served without respecting the ad hoc procedure, the employee, due to the seriousness of the employer’s breach, may be entitled to a compensation equal to 4 months’ salary (instead of 2, as established by the so called Decree on the “increasing protections”). Download Court of Naples, ruling of February 26, 2019
The European Parliament has definitely approved new measures to promote the work-family life balance, focusing on parental, paternity and assistance leaves and Flexible Work. The directive shall entry into force after 20 days as from its publication on the EU Official Journal and the State members shall comply with its dispositions within 3 years.
It is lawful to dismiss for just cause the supermarket’s cashier who does not deliver to the clients the accrued discount vouchers and keep them for herself, without being entitled, and give them to her husband for grocery shopping. Download Court of Cassation, ruling no. 11181 of April 23, 2019
The employer who keeps harassing the employee on a sick leave, asking him justifications for his frequent absences, with the only intention to push him to resign, can be condemned to pay a compensation for mobbing. Download Court of Cassation, ruling no. 10725 of April 17, 2019
It is lawful to dismiss for just cause the bank manager who counterfeits the expense reports to get higher reimbursements, so irremediably breaching the fiduciary duty between the employer and the employee. Download Court of Cassation, ruling no. 10566 of April 16, 2019
The employee who is repeatedly insulted by his hierarchical superior is not automatically entitled to compensation; in order to get compensation he shall prove the employer’s persecutory intent and its intention to push him to resign. Download Court of Cassation, ruling no. 10043 of April 10, 2019
The dismissal served to the female employee is deemed lawful if her pregnancy started only during the notice period; the Judge, while evaluating the lawfulness of the dismissal, shall refers to the moment when the dismissal was served. Download Court of Cassation, ruling no. 9268 of April 3, 2019
The INPS clarified that employees can submit their application for family allowance via internet or via the telematic services offered by the “patronati” (i.e.: union consulting offices), underlining that there are no other authorized intermediaries. Download Message of INPS no. 1430 of April 5, 2019
Published on the website of the Minister of Labour three new interministerial decrees, which modify the INAIL premiums for the insurance on work accidents and occupational diseases, in compliance with article 1, paragraph 1121, of Law December 30, 2018, no. 145 (so-called State Balance Sheet for the year 2019). Download Ministry of Labour and social policies, Decrees of April 2, 2019 Ministry of Labour and social policies, Decrees of April 2, 2019 Decreto 2Ministry of Labour and social policies, Decrees of April 2, 20197 febbriao 2019 Navigazione
On April 2, 2019, Federmeccanica sent a communication to its territorial structures, clarifying the method for calculating the overall number of temporary agency work contracts in those companies applying the NCBA for the Metalkworking Industry. Download Federmeccanica’s communication of April 2, 2019