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Employment procedures defined by contracts or by the ministry (Il Sole 24 Ore, 17 June 2015, Page 41)

Temporary work (or job on call) is an employment contract whereby the worker makes himself available for non-continuous or temporary work, identified by national collective or territorial bargaining,…

Insights, News

Part time – Overtime even without agreements (Il Sole 24 ore, 16 june 2015, page 45)

The main introductions regarding part-time work concern the topic of working time changes, which has always been a relevant subject (and with recurring interventions) for the legislator. Despite…

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JOBS ACT: WITH THE NEW ARTICLE 4, LAW 300/1970 FOR WORK INSTRUMENTS AN INFORMATION SHEET IS SUFFICIENT

The draft of the legislative decree on simplifications, rejected in its first draft by the Government last 11 June, enacting article 1, paragraph 7, letter f) of Law…

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EMPLOYERS LIABLE FOR NEGLIGENCE IN CASES OF PSYCHOLOGICAL HARASSMENT

With its ruling no. 10037/15, the Court of Cassation returned to make a decision on the issue of psychological harassment and the relative liability of the employer. The…

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COURT OF CASSATION, 16 MARCH 2015, NO. 5173: DISMISSAL FOR JUSTIFIED REASON ONLY FOR UNFAVOURABLE AND NOT CONTINGENT SITUATIONS

With its ruling no. 5173 of 16 March 2015, the Cassation Court returned to propose an interpretation, regarding the grounds for dismissal for justified reason which are not…

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Managers have the right to substitute compensation for holidays if company necessities are demonstrated (Il Quotidiano del Lavoro – Il Sole 24 Ore, 15 May 2015)

The case examined by the Labour Section of the Cassation Court, with its ruling no. 8791 of 30 April 2015 is based on the following events. A healthcare…

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CONTRACTS WITH INCREASED PROTECTION BASED ON SENIORITY AND STATUTE OF LIMITATIONS

The enactment of the contract with increased protection based on seniority raises interpretation questions regarding the statute of limitations for remuneration due for employment. The Civil Code provisions…

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DISMISSALS FOR ECONOMIC GROUNDS AND REINSTATEMENT

Article 3, paragraph 1 of Legislative Decree no. 23/15 establishes that if it is ascertained that the grounds do not exist for dismissal for justified objective motive ”the…

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COURT OF CASSATION, 6 MAY 2015, NO. 18667: WHEN A CONTRACT IS ILLEGAL

With its ruling no. 18667 of 6 May 2015, the Court of Cassation confirmed that, for the allegation of an illegal contract it is not sufficient to prove…

Insights, News

COURT OF CASSATION, 30 APRIL 2015, NO. 8784: LEGITIMATE DISMISSAL FOR USE OF TIME OFF PURSUANT TO ITALIAN LAW 104/92 TO GO DANCING

With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who…

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