Enrico Vella Archivi - Trifirò & Partners Avvocati

The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter

26 April 2018
Published in T&P Magazine EN
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The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter A serious family reason, supplemented by the serious postpartum syndrome of the daughter, should be considered in assessing the missing employee who does not submit the forms requesting leave. Assisting the daughter affected…

The manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved

16 April 2018
Published in T&P Magazine EN
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The manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved The pecuniary damage is linked to the possibility of obtaining an economic advantage according to an evaluation to be carried out ex ante. The manager is entitled to compensation…

Employee is an “on call” worker if he falls within the company organization and is paid by the hour

10 April 2018
Published in T&P Magazine EN
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Employee is an "on call" worker if he falls within the company organization and is paid by the hour The cash-desk operator in the betting center may be considered as payroll worker, where he is part of the company organization and is still paid in proportion to the hours worked.…

The company email does not nail the worker for lawful dismissal because the server is in the hands of the employer

22 March 2018
Published in T&P Magazine EN
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The company email does not nail the worker for lawful dismissal because the server is in the hands of the employer Excluding the probative value of the messages acquired from the employee's account: this is correspondence that required certain guarantees or abstract documents that could be altered by the company.…

“Brothers, knives”: the bond of subordination “enters” into the family

9 March 2018
Published in T&P Magazine EN
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"Brothers, knives": the bond of subordination "enters" into the family Constant respect of work hours that coincide with the opening to the public of a commercial activity and the payment of a monthly fee at regular intervals are the two conditions which, when proved, allow the performance rendered by a…

Temporary lack of ready money does not justify non-payment of taxes

13 November 2017
Published in T&P Magazine EN
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Temporary lack of ready money does not justify non-payment of taxes Edited by Enrico Vella Temporary shortage of money to pay taxes, resulting from economic hardship, does not qualify as “force majeure”. A taxpayer had made a recourse against the Bergamo Revenue Service, invoking supervening impossibility. The Court of Cassation…