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PENSIONS AND THE RULING OF THE COUNCIL OF STATE

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian…

Insights, News

COURT OF MILAN: GENERIC DISPUTE IS GROUNDS FOR REINSTATEMENT (IL SOLE 24 ORE, 25 APRIL 2015, PAGE 13)

The Milan Court, Labour Section, with ordinance no. 11340 of 15 April 2015, specified that a generic disciplinary dispute prevents the identification of the act which is the…

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THE USE OF VULGAR EXPRESSIONS DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, 15 APRIL 2015, PAGE 43)

The conduct of a female worker who gave work files vulgar names is not just cause for dismissal. The Cassation Court established this with ruling no. 5878/15, confirming…

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DISMISSAL FOR EXCEEDING THE PROTECTION PERIOD IN THE JOBS ACT (IL SOLE 24 ORE, 14 APRIL 2015, PAGE 37)

The decree no. 23/2015 omitted regulating dismissal for exceeding the protection period. Therefore, for new hirings, the unlawfulness of this type of dismissal is considered as unjustified dismissals,…

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LAYOFFS AND SHOPS (IL SOLE 24 ORE, 13 APRIL 2015, PAGE 25)

The Milan Court, Labour Section, with its ruling of 29 January 2015, established that an employer who intends to dismiss more than five workers for objective reasons in…

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CASSATION: INDEMNITY REDUCED IF A NEW JOB OFFER IS NOT ACCEPTED (IL SOLE 24 ORE, 10 APRIL 2015, PAGE 40)

With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the…

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POST-EMPLOYMENT BENEFITS (TFR): DECREE ON MONTHLY PAYMENT OF POST-EMPLOYMENT BENEFITS (“QUIR”) BECOMES EFFECTIVE (IL SOLE 24 ORE, 4 APRIL 2015, PAGE 14)

With the Decree 29/2015, which became effective last 3 April, workers can request monthly payment of their post-employment benefits (so-called "QUIR") in relation to pay periods from 1…

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MINISTRY OF LABOUR: NASPI UNEMPLOYMENT BENEFITS ALSO COVER CASES OF DISCIPLINARY DISMISSAL (IL SOLE 24 ORE, 25 APRIL 2015, PAGE 13)

The Ministry of Labour, with reply to a question of 24 April, clarified that the new social insurance for employment (Naspi) will apply to all cases of involuntary…

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AGREEMENT SIGNED TO RENEW COMMERCE NATIONAL COLLECTIVE CONTRACT (IL SOLE 24 ORE, 1 APRIL 2015, PAGE 13)

An agreement was signed on 31 March to renew the collective labour contract of the tertiary, distribution and services sector starting 1 April 2015. The changes include: i)…

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THE RETURN OF THE COLLECTIVE CONTRACT TO THE TERTIARY SECTOR (IL SOLE 24 ORE ON LINE, 31 MARCH 2015)

Confcommercio and the trade unions have reached an agreement for renewal of the Tertiary sector contract. The new features of the agreement include an average raise of 85…

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