19 September 2017 - Solidarity fund for the air transport sector – INPS instructions12 September 2017 - Leave for political or union-related charges: INPS clarification for the recognition of virtual social contribution05 September 2017 - Voluntary APE pension – signature of the presidential decree25 August 2017 - Italy and Barbados: publication of the law ratifying the agreement against double taxation

Category
Case Law
Aug
18
2017
PUBLISHED BY Arlati Ghislandi
Unsuitability to duties: reinstatement if the dismiss...

Corte di Cassazione, with judgement no. 20122 of August 17th, 2017, confirmed the unlawfulness of a dismissal caused by the unsuitability to the employee’s duties, declared by the competent physician, providing the employee’s reinstatement into the workplace.

Jul
17
2017
PUBLISHED BY Arlati Ghislandi
The exceeding of the protected period and the promptn...
The Court of Cassation, work division,  in its ruling of 27 June 2017, no. 15973, established that, as regards the dismissal due to the exceeding of the protected period, the timeliness requirement does not consist of a fixed chronological predetermined value, but must be...
Jul
14
2017
PUBLISHED BY Arlati Ghislandi
Accident during the journey between home and workplac...

The recent ruling of the Court of Cassation established that the evidence for a compensation in case of accident during the journey between home and the workplace is to be given exclusively by the worker.

Jul
06
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , INAIL
Usage of mobile phones and cancer – confirmation of...
Jun
22
2017
PUBLISHED BY Arlati Ghislandi
TAG: , PRIVACY, LAYOFF
Termination of employment for those who spend an exce...

The employee who systematically uses the employer’s internet connection for personal purposes can be terminated on justified subjective grounds.

May
23
2017
PUBLISHED BY Arlati Ghislandi
Legitimate termination of employment in case of unsui...

Corte di Cassazione judged the disciplinary termination of employment, whose extended absence from work due to illness results unjustified for unsuitability of medical certification, to be lawful.

May
10
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Video surveillance: agreement with trade unions neces...

Installing a video surveillance system without a prior agreement with trade unions is a criminal offense, according to Corte di Cassazione, even if employees had provided their consent.

Apr
06
2017
PUBLISHED BY Arlati Ghislandi
Transfer of company implying transfer of assets of a ...

Corte di Cassazione – labor section, with decision no. 6770 of March 15th, 2017, has determined that a transfer of company may be configured regardless of the type of contract signed by involved parties.

 

Mar
24
2017
PUBLISHED BY Arlati Ghislandi
Non-suitability to duties: medical report and termina...
Corte di Cassazione has recently determined that the medical report issued by the company’s doctor is not, by itself, suitable to justify termination of employment due to the employee’s permanent inability to perform his or her duties, since the report is not itsel...
Mar
03
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , DISMISSAL, CRISIS
Company restructuring and higher profitability

With a recent decision, Corte di Cassazione pronounced itself upon the lawfulness of termination of employment for a worker due to the reorganization of a company, though without any crisis situation.

Dec
21
2016
PUBLISHED BY Arlati Ghislandi
Refusal to work due to transfer without notice: unlaw...

Corte di Cassazione recently ruled that disciplinary termination of employment due to the employee’s refusal to work, following immediate transfer to another business unit, is unlawful.

 

Oct
26
2016
PUBLISHED BY Arlati Ghislandi
Bank holidays off work – The National Collective B...

The Supreme Cassation Court, upholding the decisions of the previous sets of proceedings, reiterated that the right to remuneration for bank holidays provided by law, cannot be excluded or limited by labour bargaining.

 

Sep
13
2016
PUBLISHED BY Arlati Ghislandi
Null and void trial period agreement: effects on dism...

The nullity of a trial period agreement doesn’t automatically determine the reinstatement and compensation of the employee.

Jul
27
2016
PUBLISHED BY Arlati Ghislandi
Legitimate dismissal whether the employee does not en...
The Supreme Court has stated that it is obligation of the employee, who is absent due to illness, to check that: - The doctor issues the medical certificate for sick leave; - the telematics procedure of transmission, of the relevant medical certificate to INPS was successful...
May
04
2016
PUBLISHED BY Arlati Ghislandi
Old “co.co.pro.” (project-based collaborators): r...

With a recent verdict, “Corte di Cassazione” (Italian Supreme Court) came to a decision upon the legitimacy of a co.co.pro. contract, in which the project was not clearly stated, as required by previous regulations.

Apr
27
2016
PUBLISHED BY Arlati Ghislandi
TAG: , TFR
Work performed abroad: allowances are included in TFR...
The Supreme Court, with a recent verdict regarding TFR (severance allowance), stated that compensations awarded by an Italian employer to an Employee who works abroad, must be considered as salary, not reimbursement of expenses, and therefore must to be considered for the...
Mar
08
2016
PUBLISHED BY Arlati Ghislandi
TAG: , , AGREEMENT
Sale of business and shift workers in the incoming co...
The Court of Cassation, Labour Section, with the judgment of February 9, 2016, n.2523 stated that if the agreement concerning the sale of the company does not specify the employees’ name to be hired in the incoming company, but is limited to establish generally the param...
Nov
13
2015
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal for a defense right delayed

Through the sentence No. 23140, dated November 12th 2015, the Court of Appeal affirm that, in case of disciplinary objection, the term equal to 5 days isn’t entailing the forfeiture of defense right.

Nov
11
2015
PUBLISHED BY Arlati Ghislandi
Disciplinary sanction for improper use of Company ema...
Through the sentence No. 22353, dated November 2nd 2015, Supreme Court reaffirm that, when the disciplinary code or the NCBA provides the conservative sanction application for an improper use of Company email, in case of no respect of the specific regulation, the justified dis...
Apr
01
2014
PUBLISHED BY Arlati Ghislandi
Disciplinary dismissal: disproportionate penalties in...
With Ruling N. 6222 of 18 March 2014, the Court of Cassation ordered that the use, even daily, of a company’s email address for private purposes, as well as the installation on the computer of non-work-related programs, does not constitute a violation sufficient to autho...