The Court of Bari, applying the principles set by the Constitutional Court, stated that an employee, hired through a so-called increasing protection contract and then unlawfully dismissed (for a violation of the collective dismissal procedure), was entitled to a 12 months’ salary indemnity, in consistency with the criteria set by article 18 paragraph 5, of the Workers’ Statute (rather than a 4 months’ salary indemnity provided for by the original text of the Legislative Decree no. 23/2015 for the so-called contract at increasing protection). Download Court of Bari, ordinance no. 43328, October 11, 2018
It is lawful to transfer for “environmental incompatibility” the employee who keeps on arguing with his “desk neighbor”, even if the substantive and procedural safeguards provided for disciplinary sanctions are not respected. In this case, the transfer does not have a disciplinary or retaliatory nature, but it is justified by the situation of disorganization and dysfunctionality within the business unit. Download Court of Cassation, ordinance no, 27226, October 26, 2018
Absence from work due to work accidents and occupational disease shall be computed within the illness-protected period. Such rule does not apply when the employer is liable for the work accidents or the occupational disease or when the NCBAs state otherwise. Download Court of Cassation, ruling no. 26498, October 19, 2018
Each member of the RSU (i.e. “bodies of union representation at plant level”) has the right to convene an assembly, as long as he was elected in the lists of one the representative Trade Unions within the company. Download Court of Cassation, ruling no. 26011, October 17, 2018
It is lawful to dismiss the employee who refuses to perform the tasks required by the employer, even if they are lower-level ones, when the refusal is disproportionate and contrary to good-faith. The Court remarked that the employee shall respect the employer’s directives concerning the execution of his job activities. Download Court of Cassation, ruling no. 24118, October 3, 2018
The employee’s violation of the company’s policy does not breach the fiduciary duty when the unfair practices, aimed to increase the company’s turnover, are approved by the superiors and known by the Company’s management. Therefore, the related dismissal is unlawful. Download Court of Cassation, ruling no. 23878, October 2, 2018
INPS started performing a series of inspections on the exact fulfillment of the employer’s obligation to pay the so-called “dismissal contribution”; the law establishes that such contribution shall be paid when terminating an open-ended employment contract for those reasons that would entitle the employee to the NASpI, regardless of the contribution requirements. Download INPS Message no. 3933, October 24, 2018
Companies can obtain a tax reduction on performance bonuses when meeting the profitability targets set by the EBIT value. However, the Revenue Agency clarified that, in order to obtain such reduction, it is not enough to meet the target set by the second level collective bargaining, but it is also necessary that the result achieved by the company is higher than the one achieved before the beginning of the bonus vesting period. Download Revenue Agency, Resolution no. 78, October 19, 2018
Released on the Italian Data Protection Authority’s official website the instructions on the Register of Treatment Activities introduced by the GDPR (EU Regulation no. 679/2016) and the operating instructions on the settlement provided for by the Legislative Decree no. 101/2018. Download Italian Data Protection Authority, FAQ, October 1, 2018
On October 8, 2018, it was signed a new agreement with the guidelines on the so-called “training breaks”, a new training method aimed to train workers on safety at work and to develop joint projects between the R.L.S. (i.e. the Representative for Workers’ Safety) and R.S.P.P. (i.e. the Prevention and Protection Officer), as established by the N.C.B.A. Download N.C.B.A. of Metalworking Industry, Agreement dated October 8, 2018