Insights

With its ruling no. 7567/2014, the Cassation Court, labour section, returned to examine the issue of unilateral changes in the agency contract, granting the appeal of an agent who claimed contractual clauses to be null which gave the principal the power to unilaterally make changes, with the sole obligation of notification, involving the territory and commissions, customer portfolio and product list.

When the new contract becomes effective with protection measures increasing with seniority, currently being discussed by parliamentary Commissions, there will be a dual system for labour litigation regarding dismissals.

Almost all of the Jobs Act implementation decrees should be ready by the end of February, regarding: (i) revision of contract types; (ii) reorganisation of social shock absorbers; (iii) active labour market policies; (iv) creation of a national Employment agency; (v) establishment of an Inspection agency; and (vi) reconciliation of free time and work.

The new unemployment benefits (NASPI), which will be introduced with one of the implementation decreases of the Jobs Act still being discussed, would be due to all employees who involuntarily lose their job (with the exception of those hired by public administrations and farm workers), including cases of dismissal for just cause, as well as cases of consensual termination for a dismissal procedure for objective justified reason.

The Cassation Court, with ruling no. 211/2015, clarified that a suspension of the three year limitation on litigation for recognition of benefits from a occupational accident or disease is only applicable after the 150 days envisaged for the administrative payment of the benefit.