Ordinary illness protected period inapplicable to disabled employee
Published on Sole24Ore - Nt Lavoro - on 27/05/2024. It constitutes indirect discrimination to apply the ordinary illness protected period to the disabled employee, because the failure to take into account the greater risk to get sick...
Reinstatement in case of violation of the repêchage duty
Published on Sole24Ore – Nt Lavoro – on 16/04/2024. On the matter of dismissal for objective just reason, the “non-existence of the fact” – hypothesis including the impossibility of relocating the employee elsewhere – implies the reinstatement of the employee, without the assessment of the existence...
Limited burden of proof for the injured employee
Published on Sole24Ore- NT Lavoro – on 10/04/2024. The employer is fully responsible for the injury that is a result of failure to comply with accident preservation regulations, with the exemption of those cases where the employee’s conduct was...
Employment transformation from part-time to full-time for conclusive facts
Pubblicato su Sole24Ore – Nt Lavoro – il 23/02/2024
“La plurima e prolungata richiesta di lavoro supplementare e straordinario, con manifesta adesione del lavoratore, determina una novazione contrattuale”.
La continuativa prestazione di un orario corrispondente a quello previsto per il lavoro a tempo pieno può determinare la trasformazione da un originario contratto...
The tenuousness of the damage does not exclude just cause for dismissal
Published on Sole24Ore – Nt Lavoro – on 06/02/2024. The gravity of the act charged does not depend on the value of the employer's damage. In fact, the conduct of the employee must be assessed considering the value it may assume with respect to his future conduct, as well as its suitability to cast doubt...
Employee dismissed for working at spouse's shop during sick leave
Published on Sole24Ore – Nt Lavoro – on 02/02/2024. An employee who, while on sick leave, works the spouse's shop is liable to dismissal if such conduct constitutes a breach of the general duties of fairness and good faith...
Lawful dismissal of employee who works elsewhere while on sick leave
Published on Sole24Ore – Nt Lavoro – on 31/01/2024. The performance of work activity for third parties during the sick leave constitutes...
Intra-company service agreement unlawful without organization and risk
Published on Sole24Ore – Nt Lavoro – on 04/12/2023.
The prohibition of intermediation and interposition of labor in the context of "intra-company" services agreements operates whenever the contractor
Minimum wage: Judges have the final say
Published on Sole24Ore – Nt Lavoro – on 19/10/2023. «The minimum wage provided by National collective bargaining agreements (NCBA) may violate the principle of proportionality and/or of sufficiency».
All NCBAs minimum salary are subject to judicial review for compliance with Article 36 Const.
Published on Sole24Ore - Nt Lavoro - on 13/10/2023. The fact that the remuneration paid is provided by the National Collective Bargaining Agreement (NCBA)...