Legitimate dismissal (for poor performance) only if the employee is informed in advance of the requirements to be met
(By Enrico Vella, Trifirò & Partners Law Firm) With Ordinance No. 24722/2022 of 11.8.2022, the Supreme Court of Cassation, ruling on the legitimacy of a dismissal imposed for poor performance, takes the opportunity to emphasise a principle of law and a rule of the Workers’ Statute, which, in light of the entry into force of Legislative Decree No. 104/22 (now known as the “Transparency Decree”) seems to be particularly topical. In fact, in the wake of the prevailing jurisprudential orientation, it is pointed out that the employer must make it known in advance and in a clear and transparent manner …
The dismissal of probationary workers: between discretion and burden
(Court of Milan, 22 June 2022, no. 1638) Labour Law (case followed by Andrea Beretta) An employee hired with a part-time contract and dismissed during the probationary period, challenged the termination before the Court of Milan. It was first of all claimed that the probationary agreement should not have been affixed to the contract, since on the one hand, it was the subject of an implicit inter partes waiver formalised in a conciliation report (relating to a previous fixed-term contract entered into between the parties themselves); and on the other hand, precisely because of the existence of a previous employment …
The new world of work is still to be established
As has been effectively said, the future (or present) of the world of work – a consequence of economic and organisational transformations due to the pandemic – is a hybrid of the real and virtual worlds, with neither space nor time. The lockdown period was a formidable opportunity for companies to experiment with new forms of digital work. But in reality a mix of factors, of new organisational models, have profoundly innovated the way work is done. The impact has been overwhelming for companies and employees alike. Suffice to say that remote working during the pandemic has presupposed a mode …
The trust, an instrument enabling generational transition in business
By Vittorio Provera and Rebecca Pala The issue of the generational handover of businesses and assets is relevant in an advanced economic context such as the Italian one, with the presence of very precise succession rules. Various instruments can be adopted in relation to the particular needs of business continuity. The aforementioned purpose is well pursued by asset separation agreements, i.e. the set of legal instruments that regulate the detachment of assets and rights from the assets of a subject, in order to form an separate patrimony, distinct from the remaining legal positions of the transferring subject. The settlor’s patrimonial …
An overview of remote working
by Anna Minutolo Remote working (or agile working) is a mode of execution characterised by the absence of hourly or spatial constraints, through an organisation with stages, cycles and objectives established by an agreement between the worker and employer. This mode of work is currently regulated by Law No. 81 of 22 May 2017 (Art. 18 -24) which provides, in summary, that: – the work is performed partly inside the company premises and partly outside, without a fixed location, within the limits of maximum daily and weekly working hours (Art. 18, para. 1); – the employer is responsible for the …
