News & Insights

ALL NEWS AND INSIGHTS

5 October 2009 • Insights

Accident due to on the job cause, proof required from employee (Cassation Court, Labour Sec., Decision no. 14192 of 18 June 2009)

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

5 October 2009 • Insights

Proof required for partner employee (Court of Cassation, Labour Sec., Decision no. 7260 of 25 March 2009)

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied for the purposes of partner contribution and, b) the work relationship has the nature of employment, that it entails the requirement subjecting the worker to management, organisational ....

5 October 2009 • Insights

Onus to prove mobbing (Cassation Court, Labour Sec., Decision no. 3785 of 17 February 2009)

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the work environment, leading to forms of abuse of power or psychological persecution, and may result in the moral humiliation and alienation of the employee”.

5 October 2009 • Insights

The contracting party is obligated by occupational safety (Court of Cassation, Penal Sec., Decision no. 28197 of 9 July 2009)

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them of the dangers and measures to avoid them and if it has not monitored to ensure that such measures have not been applied.

5 October 2009 • Insights

Research, training and international collaborations

ALL NEWS AND INSIGHTS

Accident due to on the job cause, proof required from employee (Cassation Court, Labour Sec., Decision no. 14192 of 18 June 2009)

Proof required for partner employee (Court of Cassation, Labour Sec., Decision no. 7260 of 25 March 2009)

Onus to prove mobbing (Cassation Court, Labour Sec., Decision no. 3785 of 17 February 2009)

The contracting party is obligated by occupational safety (Court of Cassation, Penal Sec., Decision no. 28197 of 9 July 2009)

SAFETY AT WORK: EFFECTIVE AS OF 20 AUGUST 2009 CORRECTING THE CONSOLIDATED ACT

SAFETY AT WORK: COMMUNICATION OF THE WORKERS’ SAFETY REPRESENTATIVE (RLS)

SIMPLIFIED PROCEDURE FOR HIRING OF NON-EU WORKERS HAVING SPECIFIC SKILL PROFILES

CASSA INTEGRAZIONE GUADAGNI STRAORDINARIA (SPECIAL REDUNDANCY FUND): FLEXIBLE APPLICATION PROCEDURE