ARCHIVE
April 2018
Apr
27
2018
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal of a worker who refuses to conv...

By way of Ordinance no. 10142 of 26 April 2018, the Court of Cassation found it unlawful to dismiss a part-time worker who did not accept the employer’s request to change to a full-time employment relationship for organisational reasons.

Apr
26
2018
PUBLISHED BY Arlati Ghislandi
Request to resume working after reinstatement and ...

With sentence no. 9224 of 13 April 2018, the Court of Cassation confirmed the legitimacy of the dismissal imposed pursuant to article 18, paragraph 5 of Law no. 300 of 20 May 1970, on the worker who, in accordance with the sentence of reintegration into the workplace did...

Apr
23
2018
PUBLISHED BY Arlati Ghislandi
Returning workers: instructions for repayment of a...

With Provision no. 85330 of 20 April 2018, the Italian Revenue Agency has provided appropriate clarifications on the possibility that a returning worker who opted for the taxation scheme referred to in article 8-bis of Leg. Decree no. 148 of 16 October 2017 has paid more...

Apr
19
2018
PUBLISHED BY Arlati Ghislandi
SME metalworkers: university degree and classification

With sentence no. 8952 of 11 April 2018, the Court of Cassation upheld the appeal of a worker who complained about misrepresentation by the judge regarding article 11, letter C) of the National Collective Bargaining Agreement (CCNL) of 3 July 2017 for workers employed in...

Apr
18
2018
PUBLISHED BY Arlati Ghislandi
Access to company documents by the worker in the c...

With sentence no. 7581 of 27 March 2018, the Court of Cassation specified that although current legislation does not obligate an employer to provide a worker facing disciplinary action pursuant to article 7 of law no. 300 of 20 May 1970, with the documents on which the d...

Apr
13
2018
PUBLISHED BY Arlati Ghislandi
TAG: , DISMISSAL
Unlawful dismissal of worker for not preventing a ...

With sentence no. 8407 of 5 April 2018, the Court of Cassation ruled that the dismissal of a worker for failing to prevent another worker from committing a crime against the employer was unlawful, as it did not violate the contractual obligations.

Apr
10
2018
PUBLISHED BY Arlati Ghislandi
Submission of voluntary APE (early retirement pack...

With effect from 13 April 2018, workers holding the above certification issued by INPS may submit an application to the chosen bank or to an insurance company adhering to the framework agreement stipulated by ABI and ANIA in order to access the voluntary APE.

Apr
09
2018
PUBLISHED BY Arlati Ghislandi
Dismissal made based on documentary evidence gathe...

Without prejudice to the provisions of articles 2 and 3 of Law no. 300 of 20 May 1970 regarding respectively “security guards” and “security personnel”, the employer may make use of the services of an investigative agency, provided that it does no...

Apr
06
2018
PUBLISHED BY Arlati Ghislandi
Refusal of posting and legitimacy of dismissal

With sentence no. 6896 of 20 March 2018, the Supreme Court ruled in favour of the dismissal of a worker who unjustifiably opposed the employer by systematically refusing to be posted.

Apr
04
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Network contract: posting and joint employership

With circular no. 7 of 29 March 2018, INL initiated an action to counteract private initiatives that promote recourse to network contracts in order to acquire an illegal economic advantage resulting from the blatant violation of the rules to protect posted and jointly-em...

Apr
03
2018
PUBLISHED BY Arlati Ghislandi
TAG: , email, PRIVACY
Prohibition of massive control and non-selective r...

With provision no. 53 of 1 February 2018, the Guarantor established the prohibition for employers to carry out a massive control on email messages exchanged between workers and to retain such data for an excessive period of time.