The NCBA with an extension clause “until the new NCBA is signed” is not to be considered open-ended
The expression “until the new National Collective Bargaining Agreement is signed” indicates the willingness of the parties to the contract to be bound by it...
Compensation for non-pecuniary damages due to demotion does not constitute taxable income
Compensation for damage to the professionalism of the worker does not constitute taxable income. It is, in fact, an injury that falls within emerging damage and not in the loss of profit...
The organizational reasons that determine dismissal for “economic” reasons
The reason inherent in the production activity referred to in art. 3 law no. 604 of 1966 is that which determines an effective downsizing of a unit where staff are employed in a clearly...
Demotion and constructive dismissal
Court of Cassation, Employment Section, Judgement no. 811 of 19th January 2021
The potential damage of assigning duties that are assumed to be lower, must be measured with regard to the context...
Reilly & Tesoro renews the partnership with 24ORE Business School
We are delighted to announce the renewal of the partnership with 24ORE Business School also for 2021.
Trade union agreement pursuant to art. 4(11) of Law 223/1991
A worker, who in adhering to the union agreement accepts a demotion, cannot be dismissed.
Oral dismissal: burden of proof on the employee
The mere final cessation in the performance of the services arising from the employment relationship is not in itself suitable to provide evidence of dismissal, since it can be the ...
Fraudulent Dismissal
The subsequent dismissal of an employee who had been previously reinstated and then transferred to a business unit in which a reduction in staff had already been planned, was found to be null and void.