When the employee hired through a so called “increasing-protection” employment contract is made redundant, and the employer does not prove both the economic reasons that ground the dismissal and the impossibility to relocate the employee, the latter is only entitled to the indemnity and not also to the reinstatement. Download Court of Rome, ruling n. 3894 dated May 15, 2018
The Genoa decree granted an extension of the “Extraordinary Wages Guarantee Fund” for business crisis for the years 2019 and 2020 to those companies that have discontinued or are discontinuing their business activities, if there are concrete possibilities to transfer their businesses, so allowing the employees’ reemployment. Download Law decree no. 104, dated September 28, 2018, published in the Official Journal no. 226 of September 28, 2018
The Constitutional Court declared article 3, paragraph 1, of the so called “Jobs act” (legislative decree No. 23/2015) as unconstitutional, for rigidly calculating the indemnity for unjustified dismissals: such a provision violates articles 4 and 35 of the Constitution. The reasons for the decision are awaited. Download Constitutional Court, Press release of September 26, 2018
The definition of “night worker” also covers those shift workers who only partially work at night: therefore, breastfeeding or pregnant female employees cannot be obliged to work such shifts when that represents a risk for their health or safety. Download European Court of Justice, ruling dated September 19, 2018, case C-41/17
Employees posted to a EU Member State by an extra-EU based Company, are immediately subject to laws and contractual terms applied within the hosting Member State, to avoid the succession of seconded employees to reduce social security contributions costs. Download European Court of Justice, ruling dated September 6, 2018, case C-527/16
The CEO who exercises powers that are beyond any kind of control is not an apical manager since it is not subject to the so called “etero-direction”, despite the (bogus) employment contract entered into only for social security contributions and insurance coverage. Download Court of Cassation, ruling n. 22689 dated September 25, n. 22689
It is possible to dismiss for just cause an employee who, despite previous formal warnings, repeatedly leaves his workplace, violating the Company’s directives: in fact, repeated violations of the working obligations, challenging and despising the supervisor, represents a kind of insubordination. Download Court of Cassation, ruling n. 22382 dated September 13, 2018
The final closure of a site represents a just cause of dismissal. The obligation to relocate the redundant employee obliging the employer to modify the Company’s organization, would violate the principle of economic freedom. Download Court of Cassation, ruling no. 21715 dated September 6, 2018
It is unlawful to dismiss an employee caught by a detective agency abandoning repeatedly his workplace without authorization. In fact, private investigations can be only used to ascertain wrongful acts, not to verify the performance of the working tasks. Download Court of Cassation, ruling No. 21621 dated September 4, 2018
The Minister of Labour clarified the law provision that does not allow the collective agreements to exclude, when specific procedures to verify the lawfulness of the service contracts are provided, the Client’s joint and several liability for the unpaid wages of the contractor’s employees. Download Ministry of Labour, “Interpello” n.5 dated September 13, 2018