Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.
Signed Decree on Early Retirement
New Order or Decree
Author: Carlo Majer, Partner — Lexellent
On September 4, 2017, the Prime Minister signed a decree on early retirement (known as APE volontario), that will become effective after the Court of Auditors’ approval. Per the decree, employees aged at least 63, who have been paying social contribution for at least 20 years, can petition the Italian Social Security Institution to receive the pension payment 3 years and 7 months before the normal retirement age. The minimum amount of the early retirement payment is € 150 per month, while the maximum depends on the employee’s age and can go from the 75% to the 90% of the pension that would be paid at the time of normal retirement age. At the moment, the decree will be effective only until December 31, 2018, but it may be renewed if positive results are found.
Determining “Employee” Versus “Independent Contractor” Status
Precedential Decision by Judiciary or Regulatory Agency
Author: Carlo Majer, Partner — Lexellent
On July 12, 2017, the Supreme Court established that an individual, classified by the employer as an independent contractor, may be deemed an employee even if he carries out the activities outside the Company’s premises. The modality with which the performance is carried out is the only important factor, and not the name and the qualification given by the parties to the contract. Here, although the individual worked as a carrier and was never in the company’s premises, the employer organized and monitored his daily activities. As an employee, he can be dismissed only in accordance with the disciplinary procedure set up by the law.
Employee Who Abused Internet Connection Was Dismissed for Cause
Precedential Decision by Judiciary or Regulatory Agency
Author: Carlo Majer, Partner — Lexellent
On June 15, 2017, the Supreme Court held that an employee’s excessive use of the company’s Internet connection for personal reasons was a legitimate ground for his dismissal for cause, even if the company had not informed the employee of the policy concerning the correct use of company equipment. The Court reasoned that any employee should already know that the use of the Internet for personal reasons is not allowed during working time.