Categories: Case Law
With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the ....
Categories: Case Law
With its ruling no. 22627 of 5 November 2015, the Cassation Court confirmed the lower court decision, declaring that, following the introduction of the Collegato Lavoro (Law 183/2010), the statute of limitations and ineffectiveness of the challenge of a dismissal as per article 6 of Law 604/1996 also applies to managers. Basically a manager, like ....
Categories: Case Law
The Court of Justice of the European Union, with sentence no. C-422/14 of 11 November 2015, intervened on two central points of the European directive on collective redundancies (98/59/EC). In this case (i) the calculation criteria for company size which makes the law governing collective redundancies applicable and (ii) the notion of redundancy useful for ....
Categories: Legislation
Draft law 1751 currently before the Justice and Labour Commissions of the Chamber of Deputies, regulates “whistleblowing”, i.e. employee reporting of unlawful acts encountered at work- This is a system which guarantees legality that is not very widespread in Italy, but is much more so abroad, especially in Great Britain and the USA. It provides ....
Categories: Legislation
Legislative Decree 151/2015, implementing the Jobs Act in terms of rationalisation and simplification of requirements, has repealed, effective as of 1 January 2017, paragraph 2, of article 3 of Law 68/1999. Therefore, starting on 1 January 2017, employers who employ more than 15 to 35 employees will have the obligation of hiring disabled workers as ....