On 30 May 2019, in consideration of the publication of the Ipca index data by Istat, Federmeccanica, Assistal, Fim, Fiom and Uilm, in compliance with the provisions of the national collective labour agreement of 26 November 2016, agreed, in their own minutes, to new minimum salaries for period of 1 June 2019 – 31 May 2020.

The table below shows the “new” monthly salary levels

At the same meeting, the parties, in addition to confirming previous percentages related to the minimum piecework profit, defined new amounts of travel and stand-by allowance, as can be seen from the tables below

Fixed local travel expenses

Standby Allowances

Alberto De Luca will be the presenter at “Pensions 2019: how to find your way around the labyrinth of new options” Conference organised by Convenia on 18 July in Milano.

LOCATION & TIMES

Milan – Thursday 18 July 2019

(9.00 – 13.30)

FOCUS

During his talk, Alberto De Luca will examine the role of solidarity funds and other forms of accompaniment to the pension.

In particular, the talk will focus on the following topics:

– solidarity fund to support income, employment and the retraining and career reorientation of the employee. – success stories: managing redundancies in the credit sector. – other forms of the use of social shock absorbers to accompany the pension.

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The Court of Cassation, with judgement 14063 of 23 May 2019, returned to rule on the principle of proportionality between the expulsive sanction and the non-fulfilment, specifying that the judge cannot be exempt from the concrete assessment of proportionality between the fact disputed and the sanction adopted, even if the conduct is indicated in the examples provided by the collective bargaining as a case of dismissal.

In this case, the worker was dismissed for improperly using her employee loyalty card to purchase products for a family member with undue advantages.

The judge of first instance rejected the employee’s appeal with a decision that was later confirmed in the Court of Appeals, finding that the improper use of the card, in addition to being expressly prohibited by company regulations, had seriously violated the duties of fairness incumbent on the employee and was likely to irremediably damage the bond of trust legitimizing the dismissal.

The Court of Cassation found that in assessing the disciplinary relevance of the conduct, the judges with jurisdiction failed to make a comparative assessment between the conduct of the employee and the provisions of the collective agreement (in this case that of the commercial sector), which reserve the expulsive sanction only for cases of much higher level of intentionality and offensiveness, such as to constitute a possible crime.

In particular, the Court – in line with the established approach – has confirmed that the “just cause” as event that does not permit the continuation of the employment relationship even temporarily incorporates a “general clause” dictated by Article 2119 of the Civil Code and, therefore, must be implemented through the enhancement of external parameters of a legal nature.

In the context of that assessment, the court is not bound by the provisions of the disciplinary code of the collective agreement. In fact, even if the conduct penalised corresponds to the contractually typified case, it must still be referable to the concept of just cause by means of a concrete assessment of the proportionality between the sanction and the violation, also from the subjective point of view of fault and wilful misconduct.

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Vittorio De Luca will be speaker at the next ESG Business Conference organised by EticaNews where companies and experts will discuss the governance of sustainability on 13 June in Milan.

LOCATION AND TIMES

The event will take place from 9.00 to 17.00 at Palazzo Giureconsulti in Piazza Mercanti, 2 in Milan.

FOCUS

Vittorio De Luca will attend as a speaker at the Focus on ESG and Human Resources to study and discuss the results of the ‘Extraordinary IGI 2019 Survey with other experts.

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With the law 96/18 the offence of fraudulent supply of labour has been introduced. This offence is committed when there is a supply activity carried out with the specific purpose of circumventing mandatory rules of law or collective agreement applied to employees. The offence in question is punished with a fine of €20 for each employee involved and for each day of supply. On this point, the National Labour Inspectorate (“NLI”), with circular no. 3/19, provided operational guidance to the inspectors. In particular, according to the NLI, the use of an illegal contract is in itself a symptomatic element of a fraudulent purpose. Again according to the NLI, the offence in question may be completed in other situations, such as, for example, the hypothesis of non-authentic transactional detachment pursuant to Article 3 of the Legislative Decree 136/16. In the light of the above, it will be necessary to construct or update Model 231 so as to prevent this crime from being committed, through the implementation of specific prevention procedures and protocols. This is because any investigations by the inspectors could be followed by possible investigations by the judicial authority. The “unlawful intermediation and exploitation of labour” pursuant to Article 603-bis of the Italian Criminal Code is, in fact, a predicate offence of the administrative liability of entities (Article 25-quinques of Legislative Decree No. 231/01).