If the employer dismisses a sick employee for having exceeded the illness-protected period, without previously warning him that such period is going to expire, the employee is entitled to reinstatement. According to the Court, the employer that does not communicate to his employee the possibility to ask for an unpaid leave is acting in bad faith and commits an indirect discrimination, although such obligation is not expressly established by the applicable NCBA. Download Court of Santa Maria Capua Vetere, order dated August 11, 2019
As for the repêchage obligation, the burden of proof is on the employer. Therefore, dismissal for economic reasons is deemed as unlawful if the employer does not prove the absence of an alternative job-position for the dismissed employee. Download Court of Cassation, ruling no. 23789, September 24, 2019
The probation clause can be repeated if the employer can prove the company’s need to further test the employee’s behavior, in relation to facts that have occurred in the meantime. Download Court of Cassation, ruling no. 22809, September 12, 2019
Reinstatement for the employee dismissed for having exceeded the illness-protected period established by the NCBA invoked by the employer, since the employer had not joined any of the associations signing such NCBA. Therefore, the illness-protected period shall be determined applying the NCBA in line with the employer’s corporate purpose. Download Court of Cassation, order no. 22367, September 6, 2019
The client is jointly and severally liable with the contractor only for the remuneration relating to the period during which the employment relationship was affected by the service agreement. There is not joint and several liability for damages resulting from unlawful dismissal. Download Court of Cassation, ruling no 22110, September 4, 2019
It is lawful to dismiss an employee who, after the transfer, does not show up at the new workplace, even if the employer changes the reasons for the transfer. The employer shall only prove in court the real organizational and productive reasons on the basis of the transfer. Download Court of Cassation, ruling no. 22100, September 4, 2019
The National Labour Inspector has provided some clarifications on requirements for the fixed-term contract signed before its competent local offices. Download National Labour Inspector, Note protocol number 8120 dated September 17, 2019
INPS has provided instructions on information and related contribution obligations relating to the increase of the additional NASpI (i.e. unemployment benefit) contribution that shall be paid for each renewal of fixed-term employment contracts ( including temporary agency work contracts), signed after July 14, 2018. Download INPS, Circular letter no. 121 dated September 6, 2019
The Convention on measuring Trade Unions’ representation within companies belonging to the Confindustria system has been signed. INPS shall collect data on Trade Unions’ membership (the so-called “membership datum”), and, in collaboration with the National Labour Inspector, it shall collect data on election for the RSU (i.e. joint Trade Union representation within the companies) (the so-called “election datum”). Download INPS, INL, Confindustria, CGIL, CISL and UIL, Convention of September 19, 2019
Among the subjects covered by the renewal, there are staff’s remuneration and classification (a new classification system has been introduced) and health and safety in the workplace. Furthermore, regulations on fixed-term and temporary agency work contracts have been updated: new seasonal activities and exceptions for renewals of fixed-term contracts and the “stop&go” period have been provided. Download Hypothesis of Renewal of the NCBA for Energy and Oil sector dated September 19, 2019
On September 10, 2019, “Confcommercio Imprese per l’Italia” and Trade Unions (Filcams Cgil, Fisascat Cisl, Uiltucs Uil) have agreed new tables on contractual minimum wages, which shall be granted as from January 1, 2020. Download Minutes of Agreement dated September 10, 2019
