Law 23 December 2009 n. 191 introduced some new provisions
regarding employment law, the most important of which
New incentives (in addition to the ones already provided by
employment laws) for employers who hire unemployed people. Such new
incentives concern particular categories of unemployed people (such
as unemployed people over 50 years of age or the unemployed who
have already paid at least 35 years of pension contributions and
will be entitled to a special pension but haven't yet reached
pensionable age). The incentives are made up of reductions in
social charges due by the employer and, in some cases, the payment
to the employer of a part of the unemployment allowance
"saved" thanks to the hiring.
The introduction of "staff leasing" (i.e. workforce
supply from one employer to another for an open-ended term). Under
Italian employment law such supply can only be made by specifically
authorised entities and companies; law n. 247/2007 had provided
that employers could use workforces supplied by others (by using
the employees hired and paid by such entities) only for temporary
and specific reasons provided by law and for a fixed term. Law 23
December 2009, n.191 has also allowed workforce supply for an
open-ended term for some specific jobs and activities. For example,
open-ended contracts for workforce supplying can now be signed with
reference to following activities:
IT services and consultancy;
cleaning and custody services;
marketing and business consultancy;
human resources consultancy and recruitment; and
other cases expressly provided by collective agreements.
REPORTED CASE LAW
Court Of Cassation 13 August 2008 N. 21579 - Termination
For A Justified Objective Reason
In case of termination for a "justified objective
reason", the employer has to give evidence of the redundancy
of employee's job position and evidence that no other similar
position to which the employee might be assigned exists.
The Court of Cassation has now diverged from previous case law
by requesting that the employer, before terminating an employee,
not only checks if the employee can't be assigned to tasks
equivalent to the ones of the position redundant, but also checks
if the employee would be ready to accept such a position, lower
positions commensurate with the employee's skills and
professional career (provided that this position is available
within the employer's organisation and activity).
Therefore, if the employee accepts a lower position, the
employer (who has to offer such a position if available) can't
terminate him. Consequently termination is lawful only if the
employee can not be assigned to an equivalent position AND refused
a lower position offered to him by the employer.
Court Of Cassation 10 February 2009 N. 3276 - Termination
Of Fixed Term Employment Contracts
A fixed term contract cannot be terminated before its original
term of expiration unless a "juste cause"
occurs, as provided under section 3 of law. n. 604/1966.
Court of Cassation has declared the unlawfulness of the
termination of a fixed term contract due to a mere reorganisation
of the employer's activity, which cannot be construed as a
"juste cause". According to the Supreme Court,
termination for reasons relating to the employer's activity or
its organisation (i.e. justified objective reason) is allowed only
towards employees hired with open-ended contracts. In fact, an
employee hired with a fixed term contract can be terminated before
expiration only for a "just cause" which consists of a
very fundamental breach of contract by the employee.
Consequently if the employer terminates a fixed term employee
for organisational or technical reasons (for example a modification
of activities or the closure of the workplace) it must pay
compensation to the employee for unlawful termination, which is
generally equivalent to the salary which would have been due from
the date that the contract is terminated to the expiration of the
original term provided in the contract.
April 2015 saw the reshaping of family-friendly leave with the birth of Shared Parental Leave (SPL). Can employers offer enhanced contractual pay to mothers/primary adopters but not to fathers/partners?
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