ARCHIVE
July 2018
Jul
27
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Unenforceability of the protections foreseen for w...

The protection laws foreseen for whistle-blowers cannot be applied when the person reporting an illicit act has ‘provoked’ the same, for this reason, they in turn become liable for unlawful conduct.

Jul
27
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Extension of the advance notice period only with s...

The parties of an individual employment agreement have the right to establish an advance notice period that differs to the one foreseen in the collective labour agreement, on condition that said possibility is admitted by the regulations of the collective agreement and a...

Jul
27
2018
PUBLISHED BY Arlati Ghislandi
Dismissal selection criteria in the case of the ‘r...

When the expected work requirements of a tender are significantly reduced, making it necessary to dismiss perfectly fungible workers, the employer’s decision on which employees to dismiss is carried out according to very precise criteria, violation of which can det...

Jul
26
2018
PUBLISHED BY Arlati Ghislandi
Reimbursement of expenses is not subject to the ob...

INL has underlined that reimbursement of expenses anticipated by an employee on behalf of an employer (or client), for the purpose of carrying out their activities, are not subject to the obligation of traceability requirements in force from 1st July 2018

Jul
26
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Unemployment Allowance – The first operative indic...

ANPAL has published the operative indications by which workers can request an unemployment allowance when they are involved in a procedure aimed at implementing extraordinary wage subsidies, due to company reorganisation or crisis for which the complete reabsorption of t...

Jul
25
2018
PUBLISHED BY Arlati Ghislandi
TAG: , PENSION
Applicability of the principle of ‘sterilisation’ ...

The Constitutional Court declared that the principle of neutralisation of pension contributions (detrimental), paid following the maturation of the minimum contribution requirements in order to access pensions and, paradoxically, has the effect of reducing the amount of ...

Jul
24
2018
PUBLISHED BY Arlati Ghislandi
TAG: , sanctions
Penalties for failure to employ a disabled person ...

In the event of a violation of the obligation to employ a disabled person or a person from a protected class, the sanctions are determined on the basis of the laws in force at the time the unlawful act was committed.

Jul
20
2018
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Awarding of maternity pay to a pregnant employee w...

The Constitutional Court established that the pregnant employee had a right to claim maternity pay, even in the case the absence from work exceeded the 60-day period from the start of the absence from the workplace and the beginning of the maternity leave period, ascriba...

Jul
16
2018
PUBLISHED BY Arlati Ghislandi
The new Dignity Decree regulations for fixed-term ...

The Dignity Decree came into force on 14th July 2018, confirming – pending any further appropriate amendments – the legal framework for fixed-term workers contained in the previously circulated versions of the document published in the Gazzetta Ufficiale.

Jul
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Dismissal for ‘poor performance’

A recent ruling of the Supreme Court upheld the legitimacy of the dismissal of an employee, following the adoption of three disciplinary provisions, which were adopted due to the repeated negligence and intentional slow execution of the work by the appointed employee.

Jul
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , , ,
The new directive concerning the posting of worker...

The European Parliament and the Council have adopted a new directive on the posting of workers to contrast, in a market that is undergoing a full-blown transformation, the social dumping phenomenon that alters the dynamics of the free competition between companies in the...

Jul
09
2018
PUBLISHED BY Arlati Ghislandi
TAG: , MANAGER, LAYOFF
Dismissal of a manager is disciplinary when based ...

The dismissal of a manger is considered ‘disciplinary’ when the unlawful conduct of an employee, in the broad sense of the word, is such, even only in part, to jeopardise the relationship of trust with the employer.

Jul
04
2018
PUBLISHED BY Arlati Ghislandi
TAG: , LAYOFF
Nullity of dismissal due to early dismissal before...

In order to settle the dispute, the Supreme Court Appeals Section established the law principle, according to which the dismissal before the sick leave entitlement period expired was void.

Jul
03
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
When the employee exercises the Freedom of Communi...

When an employee exercises the freedom of communication right during a disciplinary procedure, it falls outside of the obligation to represent the disputed facts from an objective perspective. As said evidence does not depend on the requirement of truth and relevance, it...