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28 February 2018 • Insights

Racism and xenophobia: new paradigms on administrative liability for entities (Newsletter Norme & Tributi n. 121 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

On November 8 2017, the Chamber of Deputies cast its final vote approving European Law 2017, comprising 30 articles among which there is the introduction, as part of Law Decree 231/01, of article 25-duodecies. In particular, the regulation introduces among the offences detailed in the Law Decree 231 those of Racism and Xenophobia, as per ....

27 February 2018 • Insights

DO YOU KNOW THAT… the first dismissal bonus increase is due for payment on next March 16th?

In regard to collective dismissals occurred in the “January 2018” pay period, the employers are subject to payment, by next March 16th, of the “first” dismissal bonus increase. Given that the NASPI (Social Insurance for Employment) monthly limit in 2018 is equal to Euro 1,208.15 for each twelve months of employment seniority, the contribution to ....

27 February 2018 • Insights

The employer’s unilateral withdrawal from a second-level agreement is legitimate

In Judgment no. 98 of 7 February 2018, the Court of Frosinone rejected the appeal filed by a worker, who had resigned, against his former employer. More specifically, the worker argued that the withdrawal of his employer from a supplementary agreement of 1988 establishing a 14th-month pay, unilaterally effected in 2014, was illegitimate due to ....

27 February 2018 • Insights

Dismissal due to the use of a company car for private purpose is out of proportion

In Judgment no. 1377 lodged on 19 January 2018, the Court of Cassation has stated – in regard to an employment contract stipulated before the entry into force of Legislative Decree no. 23/2015 (so-called Jobs Act) – that a dismissal for just cause imposed on a worker who systematically used the company car, assigned to ....

27 February 2018 • Insights

Disciplinary dismissal and constitutive nature of relapse

In Judgment no. 1909 lodged on 25 January 2018, the Court of Cassation has ruled on the subject of disciplinary dismissal, stressing the need for the preliminary notification of the relapse having a constitutive nature. In the case at hand, a female worker had been dismissed for just cause because she had missed work one ....

27 February 2018 • Insights

No severancy indemnity pay in case of contiguous agency contracts

In Judgment no. 1672/2017, the Milan Court of Appeal has ruled again on the severance indemnity pay set out in Article 1751, Italian Civil Code. In particular, the Court has clarified that the expiration of an agency contract which is followed, without interruption, by a second agency contract with the same principal does not give ....

27 February 2018 • Insights

The unilateral verbal withdrawal from a collective agreement is legitimate

In Judgment no. 2600 of 2 February 2018, the Court of Cassation reiterated that if the signatory parties to a second-level collective agreement have not expressly provided for the need to serve written notices for termination purposes, the employer’s verbal withdrawal can be considered valid. The case at hand concerned a collective agreement – which ....

27 February 2018 • Insights

Remote control of workers: additional operating provisions from the Labour Inspectorate

In Circular Letter no. 5 of 19 February 2018, the National Labour Inspectorate provided further operating provisions on the “new” Article 4, Workers’ Statute. In particular, the Inspectorate specified that, due to actual reasons of control, a video surveillance system may also monitor the workers without any limitations as to the camera angle, the blacking ....

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