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31 October 2017 • Insights

The renewal of the National Collective Bargaining Agreement (CCNL) for small and medium businesses has been ratified

The renewal of the National Collective Bargaining Agreement (CCNL) for small and medium sized metalworker and plant installation businesses signed on 4 July by the Unionmeccanica Confapi and the Fiom-Cgil, Fim-Cisl and Uilm-Uil trade unions has been ratified. The contract, whose official signature occurred on 21 October, was signed following the employees’ consultations occurred on ....

31 October 2017 • Insights

Ancillary criteria for the qualification of a labour relationship as employment

The Court of Cassation, with judgement No. 23846 filed on 11 October 2017, intervened on the qualification of a self-employment relationship as employment. In the specific case, the Court of Cassation stated that subjugation to managerial and disciplinary power cannot be an exclusive criterion to determine whether employment is or is not occurring. This is ....

31 October 2017 • Insights

Change of residence not notified: notification at the old address is valid

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee’s old address of residence is valid if he/she failed to communicate the change of residence within the terms referred in the National Collective Bargaining Agreement (CCNL). In this specific case, the employer, ....

31 October 2017 • Insights

Tax relief for life-work balance is under-way

The Ministry of Labour and Social Policies, by decree dated 12 September, defined the criteria and methods of use of financial resources assigned to private sector employers that may have established in their company collective bargaining agreements provisions for balancing the professional and private life of employees. This is a tax relief issued to implement ....

31 October 2017 • Insights

Top manager and substitutive allowance for vacation days

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if having the power of self-assigning the vacation period, does not exercise such power, is entitled only to a substitutive allowance for vacation days for the current year, ....

31 October 2017 • Insights

Dismissal ordered for those who copy confidential corporate data is legitimate

The Court of Cassation, with judgement No. 25147/2017, stated that dismissal of an employee who copies confidential corporate data on a personal pen drive, without the employer authorisation, is legitimate, even if this information is not disclosed to third parties. This is because the violation of contractual duties also occurs when a particular conduct, even ....

31 October 2017 • Insights

DO YOU KNOW THAT… dismissal of a compulsorily employed worker can be voided?

Dismissal due to personnel reduction or dismissal for justified objective reasons exercised against a compulsorily employed worker, pursuant to Art. 10, paragraph 4, of Law No. 68/1999, can be voided if, at termination of the employment relationship, the mandatory quota pertaining to the remaining employed workforce is not met.

31 October 2017 • Insights

Industrial Relations Law Across the World. Current legal frameworks and trends (Wolters Kluwer, August 2017)

“Industrial Relations Law across the World” came to be thanks to the work carried out by a dozen of professional experts from various countries, on the occasion of the 40th anniversary of the firm. The volume, published by Wolters Kluwer and coordinated by De Luca & Partners, analyses the current frameworks and trends that are ....

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Research, training and international collaborations

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