DLP Insights

The designation of functions regarding occupational safety must be shown on a written document, bearing a specific date, and have a series of requirements which are essential for being able to release an employer from significant liability in cases of damage to health.

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.

The first two implementing decrees of the Jobs Acts, the one on contracts with increased protection based on seniority and the one for overhaul of social shock absorbers, were published in the Official Gazette of 6 March this month, becoming effective 7 March 2015.

According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a job substantially coinciding with his employment does not constitute just cause for dismissal.

Starting in May 2015 13 weeks of contributions paid in the four years prior to unemployment will be sufficient for obtaining the new unemployment benefit called NASpI.