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11 March 2015 • Insights

CASSATION: A DOUBLE CHECK REQUIRED FOR DECLARING AN EMPLOYEE UNFIT FOR WORK (IL SOLE 24 ORE, 11 MARCH 2015, PAGE 41)

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.

7 March 2015 • Insights

JOBS ACT: THE FIRST TWO IMPLEMENTING DECREES OF THE REFORM BECOME EFFECTIVE (IL SOLE 24 ORE, 7 MARCH 2015, PAGE 2)

The first two implementing decrees of the Jobs Acts, the one on contracts with increased protection based on seniority and the one for overhaul of social shock absorbers, were published in the Official Gazette of 6 March this month, becoming effective 7 March 2015.

5 March 2015 • Insights

CASSATION COURT: WRONGFUL DISMISSAL FOR INJURED WORKER WHO WORKS ELSEWHERE (IL SOLE 24 ORE, 5 MARCH 2015, PAGE 51)

According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a job substantially coinciding with his employment does not constitute just cause for dismissal.

23 February 2015 • Insights

SOCIAL SHOCK ABSORBER DECREE APPROVED (IL SOLE 24 ORE, 23 FEBRUARY 2015, PAGE 5)

Starting in May 2015 13 weeks of contributions paid in the four years prior to unemployment will be sufficient for obtaining the new unemployment benefit called NASpI.

22 February 2015 • Insights

OVERHAUL OF EMPLOYMENT CONTRACTS: UPDATES CONCERNING RECONCILIATION OF FREE TIME AND WORK POLICIES (IL SOLE 24 ORE, 22 FEBRUARY 2015, PAGE 3)

The draft of the Legislative Decree overhauling contracts examined last 20 February by the Council of Ministers would result in some significant changes in policies for reconciling free time and work.

21 February 2015 • Insights

IMPLEMENTATION DECREE ON INCREASED PROTECTION BASED ON SENIORITY APPROVED (IL SOLE 24 ORE, 21 FEBRUARY 2015, PAGE 2)

When the decree becomes effective the rules for long-term hiring and dismissal will change substantially.

21 February 2015 • Insights

OVERHAUL OF EMPLOYMENT CONTRACTS: PROJECT-BASED CONTRACTS (IL SOLE 24 ORE, 21 FEBRUARY 2015, PAGE 3)

Last 20 February the draft of the legislative decree was examined concerning an overhaul of contracts which, among other things, entails the gradual elimination of project-based contracts, that, with certain exceptions, will no longer be stipulated and will be converted into normal employment contracts starting 1 January 2016.

14 February 2015 • Insights

CASSATION: EMPLOYEE CONDUCT WHO PLAYS A JOKE TO THE DETRIMENT OF A COLLEAGUE CAN BE PUNISHED (IL SOLE 24 ORE, 14 FEBRUARY 2015, PAGE 15)

With its ruling no. 2904 of 13 February 2015, the Court of Cassation established that it is legitimate to dismiss an assembly line worker who continuously fills car seats with paper and trash in order to play a joke on a colleague.

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