De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.
De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.
With its ruling no. 2692/15, the Court of Cassation established that an employee’s use of offensive and vulgar words to a company manager of a higher rank constitutes insubordination of a minor degree and, based on the provisions set out in the collective contract, can be punished with a conservative fine. On the contrary any measure for dismissal is considered wrongful.
The new Collective Economic Agreement between agents and principals in the industrial sector, effective as of 1 September 2014, contains many changes, particularly concerning variations in territory and/or products and/or customers and/or amount of commissions, for which the rules have been changed to the benefit of agents.
With its ruling no. 7567/2014, the Cassation Court, labour section, returned to examine the issue of unilateral changes in the agency contract, granting the appeal of an agent who claimed contractual clauses to be null which gave the principal the power to unilaterally make changes, with the sole obligation of notification, involving the territory and commissions, customer portfolio and product list.
When the new contract becomes effective with protection measures increasing with seniority, currently being discussed by parliamentary Commissions, there will be a dual system for labour litigation regarding dismissals.
Almost all of the Jobs Act implementation decrees should be ready by the end of February, regarding: (i) revision of contract types; (ii) reorganisation of social shock absorbers; (iii) active labour market policies; (iv) creation of a national Employment agency; (v) establishment of an Inspection agency; and (vi) reconciliation of free time and work.
The new unemployment benefits (NASPI), which will be introduced with one of the implementation decreases of the Jobs Act still being discussed, would be due to all employees who involuntarily lose their job (with the exception of those hired by public administrations and farm workers), including cases of dismissal for just cause, as well as cases of consensual termination for a dismissal procedure for objective justified reason.
The Cassation Court, with ruling no. 211/2015, clarified that a suspension of the three year limitation on litigation for recognition of benefits from a occupational accident or disease is only applicable after the 150 days envisaged for the administrative payment of the benefit.
The 30 December 2014 agreement to renew the CCNL Dirigenti Industria, valid from 1 January 2015 to 31 December 2018, has lowered the substitute notice compensation and the supplementary compensation for cases of unjustified dismissal of managers.
