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28 February 2017 • Insights

The procedures for application of the non-recurring one-time payment established by the Renewal of the National Labour Collective Agreement for the private metalworking sector and the mechanical engineering and plant installation sector have been specified

On 19 January 2017, following the successful outcome of the certified workers’ consultation, the Renewal of the National Labour Collective Agreement for the private metalworking sector and mechanical engineering and plant installation sector was officially signed and therefore now fully effective. On that occasion, the Parties also defined the contractual text concerning the gross non-recurrent ....

27 February 2017 • Insights

Did you know that… adopting a policy on IT tools allows using the data collected also for disciplinary purposes?

The adoption of a policy regulating the use of IT tools (e.g. Internet, email, tablets and smart phones) made available to the employees in accordance with the provisions of the privacy regulations, allows the employer to use the data collected through such tools for all purposes pertaining to the employment relationship, including the disciplinary ones.

27 February 2017 • Insights

The relationship between a share capital company and its director is not comparable to a subordinate employment relationship or contract work

The Plenary Sitting of the Court of Cassation, with judgement no. 1545 dated 20 January 2017, replied to the question concerning the nature of the relationship between a company limited by shares and its director, alias if it can be classified as a contract work or as self-employment work (that is extraneous to such scenario). ....

27 February 2017 • Insights

Dismissal for just cause of an employee consuming corporate goods is lawful independently of the marginal damage suffered by the employer.

The Court of Bologna with judgement no. 149 dated 10 February 2017, declared lawful the dismissal for just cause ordered for an employee who consumed company goods (food and beverages) at the workplace. During the summary case hearing, the Judge of the court where the employee filed the appeal under article 1, paragraph 48, of ....

27 February 2017 • Insights

The Chamber of Deputies has finally approved the “Mille proroghe” Decree

At the sitting of 23 February 2017, the Chamber of Deputies finally approved Draft Law C. 4304 for conversion into law, with amendments, related to the Law Decree no. 244 dated 30 December 2016, bearing the extension and definition of terms (the so-called “One thousand extensions decree”) Regarding labour law, the measure in question, among ....

27 February 2017 • Insights

Top managers who do not make use of vacation days are not entitled to receive substitutive allowance

The Court of Cassation, with judgement no. 2000 dated 26 January 2017, ruled once again on the right of top managers to obtain substitutive allowance for any accrued vacation days not taken and on the related burden of proof. Specifically, the Court stated that this right (and the resulting burden of proof) is closely connected ....

27 February 2017 • Insights

Dismissal of an employee who refuses to carry out lower rank tasks, even if he/she is present at the workplace

The Court of Cassation, with judgement no. 1912 dated 25 January 2017, confirmed the decision of the Judges of the Court of Rome, declaring lawful the dismissal for just cause ordered for an employee who, having been assigned to lower rank duties, repeatedly refused to perform the new tasks at the workplace, assuming a contemptuous ....

27 February 2017 • Insights

Massive, prolonged and indiscriminate monitoring on computer tools provided to employees are forbidden

With measure no. 547 dated 22 December 2016 and published in the newsletter of 17 February 2017, the Privacy Authority for the protection of personal data reaffirmed that an employer cannot access indiscriminately emails or personal data contained in the devices provided to employees. According to the Privacy Authority, the employer, in spite of having ....

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