DLP Insights

Starting from September 13, 2011 the employer can no longer require to the employee the sending of the health certificate paper copy but he has to examine the mentioned employees’ certificates through INPS’ services only.

The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for “justified subjective reason” offered him (as well as for “just cause”) in order to adapt it to a social context which develops continuously; on the other hand, however, the judge’s evaluation of the future reliability of the employee, on which the decision to deny the lawfulness of the dismissal is based, cannot digress in the employer’s sentence of organizational choices that otherwise he would not have taken

Article 18, paragraph 2, Law By Decree No. 98/2011, repealed paragraph 10-bis of Article 19, Law By Decree No. 185/2008 which provided for the extension of the mobility allowance also to the employees not entitled to the ordinary treatments ex Article 7, Law No. 223/1991.

Court of Cassation, with sentence no. 16192/2011, stated that oral quarrel among colleagues including “some push and jerk” does not justify a disciplinary dismissal of both “rivals”.

The Council of Ministers approved the Decree of the President of the Republic of July 28th, 2011 which introduces measures in order to enlarge the health and safety protection of employees who perform the working activity in workplaces entailing risks concerning the evolvement of highly injurious substances or of gases, such as silos, cisterns, wells (so called “confined environments”).