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29 November 2013 • Insights

Special Redundancy Fund: maximum 12 months in a two-year period (Italia Oggi, November 27, 2013, page 30)

The text of the inter-ministerial decree on the new parameters for the granting of Special Redundancy Fund (so called “Cassa Integrazione Guadagni in deroga”), which will be presented this afternoon by Welfare Secretary Carlo Dell'Aringa to the work commission of the state-region-autonomous provinces Conference, provides for the maximum duration of the intervention of 12 months in two years "mobile", and not "yearly", and the coverage of income support for 2014 across the Solidarity Funds supported by the contributions of employers and employees.

29 November 2013 • Insights

Court of Cassation: file sharing does not justify dismissal (Il Sole 24 Ore, November 27, 2013, page 27)

Court of Cassation, with sentence no. 2639 of November 26, 2013, stated that the dismissal of an employee that set up a program to download music and movies for free in the company laptop is unlawful.

22 November 2013 • Insights

Ministry of Labour: the agent abroad up to two years must pay Enasarco (Italia Oggi, November 21, 2013, page 34)

The Ministry of Labour, with the ruling no. 32/2013 to Confimi’s question, summarized the legal framework for the agents in respect to Enasarco compulsory registration, stating that, in compliance with EU regulation, the agent who performs his/her activity abroad for a duration not exceeding 24 months, has to be enrolled in Enasarco register.

22 November 2013 • Insights

Court of Cassation: recording colleagues grounds dismissal (Il Sole 24 Ore, November 22, 2013, page 35)

Court of Cassation, with sentence no. 26143 filed on November 21, stated that the recording of colleagues’ conversations, unknown to them, is a reason justifying dismissal, though the recording was aimed at proving “mobbing”.

15 November 2013 • Insights

Court of Cassation: repechage and reorganization of the business activity (Il Sole 24 Ore, November 11, 2013, page 37)

The Court of Cassation, with sentence no. 24259 of October 28, stated that the outsourcing of the most qualified activities of a service, in case of employee’s refusal to be seconded to the external company or to perform a different task corresponding to his/her job position, is able to legitimize the dismissal if alternative positions suitable for him/her in the same company do not exist.

15 November 2013 • Insights

Court of Cassation: cashier who pockets prizes dismissed (Italia Oggi, November 13, 2013, page 25)

Una cassiera del supermarket perde il lavoro perché si porta a casa i premi previsti per i clienti. Il licenziamento è legittimo, ha confermato la Corte di Cassazione, sezione lavoro, con sentenza n. 24588/13, respingendo le osservazioni della lavoratrice la quale aveva contestato la mancata esposizione, nel luogo di lavoro, del codice disciplinare.

8 November 2013 • Insights

Reduction of the incentive for hirings of employees interested by the so called “piccola mobilità” (Il Sole 24 Ore, November 6, 2013, page 32)

The Stability Law 2013 did not only exclude the possibility for employees dismissed for objective reason by small companies (hired less than 15 employees) to be enrolled in the mobility lists but, above all, did not refinance the incentive in favour of such employees.

8 November 2013 • Insights

One year validity of the prior medical examination (Italia Oggi, November 6, 2013, page 52)

The Commission for the questions related to the safety on work, in the note no. 8/2013, specified that prior medical examination required by the Legislative Decree no. 81/2008 for the suitability assessment of the employee to the specific duty is valid for one year only

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