Insights

A decree of the Ministry of Labour dated 29 June 2009 changed the procedure for applying for this special redundancy fund in the event of a company crisis consequent to a “sudden and unexpected event”.

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied for the purposes of partner contribution and, b) the work relationship has the nature of employment, that it entails the requirement subjecting the worker to management, organisational ....

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the work environment, leading to forms of abuse of power or psychological persecution, and may result in the moral humiliation and alienation of the employee”.

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them of the dangers and measures to avoid them and if it has not monitored to ensure that such measures have not been applied.

Legislative Decree no. 106/09 became effective on 20 August, it integrates and corrects the Consolidated Act on safety at work (Legislative Decree no. 81/08).