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15 avril 2015 • Insights

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 that the conduct of the worker, despite being censurable in terms of correctness, could not be considered serious enough to irreparably damage the relationship of mutual trust, because it did not constitute a clear and repeated disregard for the company's honour and image.

14 avril 2015 • Insights

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, with consequent granting of two months pay for each year of job seniority with a minimum of 4 and maximum of 24 months pay (in small companies the worker can ask for halved increasing protection, with a minimum of 2 and maximum of 6 months pay).

13 avril 2015 • Insights

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 one hundred and twenty days and at more than one shop, must apply the layoff procedure where the single shops (even if located in different provinces) do not constitute autonomous production units from a technical and organisational standpoint.

10 avril 2015 • Insights

No redundancy benefits if the company closes (Il Sole 24 Ore, 10 April 2015, page 40)

The definition of “definitive closure” of a business needs to be clarified. For the overhaul of social shock absorbers in terms of employment, as required by the Jobs Act, the desire of the legislator is to limit the application framework of these instruments, as well as to rid them of the primarily welfare connotation they ....

10 avril 2015 • Insights

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 worker would have received if he had accepted the company’s offer of a new job, are subtracted from the total compensation for damages owed to the worker (calculated as wages lost from the day of dismissal until the day of reinstatement).

6 avril 2015 • Insights

Licenciement pour dépassement de la période de congé maladie : lien étiologique entre infirmité et nocivité des tâches à accomplir et du milieu de travail

La Chambre du Travail du Tribunal de Milan a rejeté le recours présenté par un ancien salarié d’une société cliente de notre cabinet, qui s’était adressé au Tribunal afin que soit reconnue l’illégitimité de son licenciement pour dépassement de la période de congé maladie, déplorant que l’infirmité dont il était atteint avait été provoquée et ....

4 avril 2015 • Insights

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 March 2015 to 30 June 2018.

2 avril 2015 • Insights

JUSTIFIED ABSENCE IF THE OFFICE TEMPERATURE IS VERY COLD (ITALIA OGGI, 2 APRIL 2015, PAGE 36)

The Cassation Court, with its ruling no. 6631/2015 of 1 April 2015, confirmed that an office environment which is too cold justified the workers refusal to work, and in such cases the workers do not lose their right to pay.

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