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DISCONTINUED AND WELFARE BENEFITS

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Performance management and discontinuous reflection on shock absorbers
Mario Fusani
article published in the Daily Labour of the Sole 24 Ore of October 23, 2014
 
The performance of discontinuous and limited in time, with the same amount of work with respect to benefits distributed with greater uniformity, can give rise to social security and health treatments completely different. The equality of treatment, however, may well meet the needs of the company, which he will obtain more flexible in relation to the points of need and allow the employee to reach more easily, the same result (Reels, Reels mini, or the new institution more egalitarian that will result from the powers in question, if the Jobs Act were to be finally approved).
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THE TRADE UNION REPRESENTATION AFTER RULING OF THE CONSTITUTIONAL COURT N. 231/2013

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The judgment of the Constitutional Court . 231/2013 should be read and interpreted in the light of previous decisions of the same court that examined Article 19 of the Statute of Workers. Among these previous ones that most are considering are ruling no . 244/1996 ( and ordinances next to it )
With regard to the compatibility of Article . 19 described above with the Constitution , there is in fact a very close relationship between these legal decisions and the last sentence no . 231/2013.
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THE EMPLOYER’S RIGHT TO DEFEND MUST ALWAYS BE GURANTEED

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It 's interesting to comment on the recent ruling no. 303 of 2013 with which the section I of the TAR (Administrative Regional Court) Marche intervened in the matter of access to documents relating to inspections in the workplace. In this specific case the applicant had requested access to the administrative documentation regarding the assessment record and notification served to him of the outcome of the inspection referred to above.
By the contested decision, the Territorial Directorate of Labour had given their consent to access through extraction of copies of certain documents citing the following reason: "With regards to the documentation referred to in points: 1.b), 1 d) and paragraph 2, the procedure cannot be followed as it refers to administrative acts excluded from access under the provisions of art. 24, paragraph 2 of Law no. 241/1990, art. 2, paragraph 1, lett. b) and letter. c) DM n. 757/1994, Art. 329 Code of Criminal Procedure."
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COMMENT ON THE JUDGMENT OF THE CIVIL COURT OF PADUA 18 JULY 2014

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It is not uncommon that the theme of the contracts under the labor law, become the subject of significant rulings by the Judges of Labour. In this sense, it is significant the judgment of the 18th
of July 2014 in which the Court of Padua, entered in the area of the limitation period for an appeal of the dismissal related to the action of assessment, time to verify the existence of an employment relationship in relation to a person other than the one with which it was contracted.
From an examination of the conclusions reached by the Labor Court of Padua, is emerged as has been granted the exception of a contracting company that had opposed the revocation by also promoted against him by workers applicants not having this last received any appeal court within 60 days after the dismissal, given that the applicants were limited to carrying out an appeal against the contractor.
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THE ARTICLE 29 OF D.LGS. N. 276 OF 2003 AND IT’S APPLICABLE PROBLEMS

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With sentence no. 22728 of 4 October 2013, the Supreme Court, Employment Section ruled that the absence of joint liability for client company with regards to claims of the employee of the contracting company accuse at the end of the procurement contract.

The event concerns an employee of a contracting company, after being fired, who had not received from the employer, payment in lieu of notice and had approached the contracting company to obtain what was owed based on this title.

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RELEVANT ASPECTS ON ARBITRATION

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On the 10th of July in Milan at the GI Group's auditorium it was held the conference on the positive outlook of arbitration relating to employment.The speakers that took part at the conference were Avv. Mauro Rubino Sammartano, President of the European Court of Arbitration Strasbourg, Avv. Mario Fusani, a labour law expert with many years of experience, Dr. Fabio Begini, National Secretary at UIL-UILCOM and Dr. Davide Patruno, Human resources manager at the Maxi Zoo Italia S.p.a – Fresssnapf Group.

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Clear separation between fixed-term contracts and administration

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In order to understand the scope of the judgment of 11 April 2013 EU Court of Justice, a brief introduction has to be made.
The case concerns an employee who had agreed to three successive contracts with Obiettivo Lavoro Spa on fixed-term employment, in virtue of which was made available to the Poste Italiane as postmen in order to provide for replacement of the missing personnel assigned to delivery service at the Campania region.
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