News & Insights

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30 November 2016 • Insights

The Draft Agreement for the Renewal of the National Collective Labour Agreement for workers of the private metalworking and mechanical engineering industry was signed on 26 November 2016

The Draft Agreement for the renewal of the National Collective Labour Agreement for the private metalworking and mechanical engineering industry and installation of plants for the four-year period 2016-2019 was signed on 26 November 2016. The main novelties of the agreement include: (i) recognition, as from January 2017, of ex-post rather than ex-ante inflation year-over-year, ....

30 November 2016 • Insights

National Labour Inspectorate: early guidelines on the installation of GPS on company cars

The newly created National Labour Inspectorate has assumed a position on the interpretation to give to the new clause 4 of the Workers’ Statute as regards the installation of GPS equipment on company cars. With circular no. 2 dated 7 November 2016, the Inspectorate accordingly amended the opinion given on this point by the Milan ....

30 November 2016 • Insights

The employment requirement must be considered only with respect to the national territory

With ruling no. 19557 dated 30 September 2016, the Supreme Court stated that in the case of a foreign company with a branch office in Italy – in order to determine whether or not the size requisite for application of section 18 of Law no. 300/1970 in the event of unfair dismissal applies – only ....

30 November 2016 • Insights

The principle of immutability of the dispute

With judgement no. 22127 dated 2 November 2016, the Supreme Court of Appeal once again pronounced itself on the interpretation of the non ultra petita rule with respect to the charge filed and the charge on which the disciplinary action is based. In the case in question, a worker did not go to work because ....

30 November 2016 • Insights

Milan Court: the appeal is dismissed because the claims are unfounded

With judgement dated 17 October 2017 the Labour Division of Milan Court dismissed the appeal filed by a former employee of one our Clients, who had taken legal action against the Company to obtain a ruling against her dismissal for just cause, with the consequences set forth by section 8 of Law no. 604/1966. With ....

30 November 2016 • Insights

Cameras that may supervise employees cannot be installed

Criminal Division III of the Supreme Court of Appeal, with ruling no. 45198 dated 26 October 2016, first reiterated that in accordance with clause 4 of the Workers’ Statute (prior to the Jobs Act) the use of remote control systems to monitor work is not permitted, and that such equipment may only be installed in ....

30 November 2016 • Insights

DO YOU KNOW THAT…is the notice necessary in the case of cross-border secondments?

Ministerial Decree dated 10 August 2016, which defines the operative standards and rules for the electronic transmission of notices from foreign companies who second workers in Italy, went into force on 27 October 2016. More specifically, within 24 hours from the day before the starting date of the secondment, the foreign company must e-mail the ....

30 November 2016 • Insights

The novelties of the remote working bill passed by the Senate

The remote working bill, approved by the Senate and which is now before the Chamber of Deputies, contains important novelties that may simplify this distance working method considerably. On the question of workplace accidents and occupational diseases, protection for employees against risks associated with services provided outside the company premises will be increased and the concept ....

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