Dismissal for justified objective reason and burden of proof
Dismissal for justified objective reason: the employer does not need to prove the poor financial performance of the company.
Reilly & Tesoro partner up with 24ORE Business School
We are delighted to announce our partnership with 24ORE Business School!
Executive role: the hetero-direction is essential for the subordinate nature of the relationship.
The subordinate nature of the employment relationship is negated where the professional, although included in the company organization chart, is not subject to any supervision, directives and control by the top management.
Occupational illness or injury and protected period
Employee’s absences due to occupational illness or injury are excluded from the calculation of the protected period in the case of the employer’s liabilty under art. 2087 of the Italian Civil Code or explicit NCBA provision.
Disciplinary process: illness is not always sufficient grounds to request postponement of hearing
The request to postpone the oral hearing, filed by the employee under disciplinary process, can be refused by the company when the employee does not prove the impossibility to leave home.
Riders: employment protections confirmed
The Court of Cassation confirms the employment protections to the delivery cyclists ‘hetero-organized’
Case Ref.: Cassazione Civile, sez. lav., 24 gennaio 2020, n. 1663
Reilly & Tesoro on MAG
Our interview on MAG, Italy’s no.1 legal magazine
Increasing protections regime and fixed-term contract
Application of Leg. Decree 23/2015 in case of conversion of the fixed-term contract in Court
Case Ref: Cassazione Civile, sez. lav., 16 gennaio 2020, n. 823