Supreme Court Labour Lawyer Rome
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If you’ve been fired or subjected to a disciplinary sanction, if you feel that your right has been violated at workplace and you are carrying out tasks beyond your competence without receiving additions to your wage, if you feel victim of bullying by superiors, colleagues or subordinates…DON’T HESITATE TO CONTACT US! We can help you in every situation.
Below is a list of the most frequent situations in which we lend judicial and extra-judicial advice and assistance:
▪payment order: the worker who wants to recover his work credits, through our lawyers, can use the simple and fast procedure of the payment order. It allows to obtain a payment order asked to the employer. It doesn’t need to file a lawsuit and bring the involved parties before the judge. The payment order can be obtained from the court by the deposit of the documents provided by the worker and related to the paycheck.
▪the incentive to sign a paycheck with a different amount than the one received: this conduct is punishable since who forces the worker to sign a paycheck with higher fees than the ones received is committing extortion.
▪unpaid leave and holidays: every worker, whatever the qualification, job or contract type applied, in accordance with article 10, n. has the right to annual paid holiday for a minimum period of 4 weeks. The remuneration expected for such period of time corresponds with the one calculated in normal working hours. In the same way, labour law recognizes to the worker the right to use periods of abstention from the obligation of work with the maintenance of thejob, the preservation of the paycheck and the recognition of the length of service.
▪illness and personal injury indemnity: illness is a health condition of temporary inability and thus affects work performance as well as an accident occurred because of violence and during work. In these situations, workers have the right to benefit from livelihoods tailored to their life needs. Article 38 of the Constitution states that “workers have the right to be assured adequate means for their needs and necessities in the case of accidents, illness, disability, old age and involuntary unemployment“. Also article 2110 of the civil code states that “in the event of illness, if the law or the corporate rules do not establish equivalent forms of security or assistance, the employee is owed thesalary or benefit to the extent and for the time determined by special laws, usage or on an equitable basis”. The remuneration or indemnity paid by INPS can be supplemented or not by the employer.
▪petition for dismissal commanded to the worker during the first year of marriage or during the maternity period: this dismissal must be challenged within 60 days from the formal notice in order to be able to request reinstatement and compensation for damages. The same is absolutely null because the dismissal of the worker is forbidden by law from the beginning of the gestation period until one year of age of the child for the women, and for both sexes from the day of the request for marriage publications up to one year after the celebration.
▪recognition of overtime work: our study offers a great assistance to the worker in case of anomalies in the recognition of overtime work by the employer, i.e. work performed beyond normal working hours, but in any case within the limits established by law and by collective agreements.
▪dismissal without notice and relative indemnity: the law provides that both in the case of resignation and dismissal (except for just-cause or consensual termination) a notice period must be respected, during which the employment relationship remains in force. The notice serves the worker to have a suitable time to find another occupation, and the employer to hire another person with a possible period of coaching. Where this period is not respected, generally defined by the national collective labour agreements (Ccnl) for each level of classification – also based on seniority of service – a compensation for damages will be due, quantified economically in the remuneration that would have been due to the worker for the period of work not carried out and corresponding to the period of notice not paid.
▪downgrading: the law provides that the worker must be assigned to the duties for which he was hired or to those corresponding to the higher category he has acquired or to tasks equivalent to the last ones actually performed, without any reduction in remuneration. In spite of the exceptions provided for by the law, assigning a worker to lower jobs is a violation of article 12 law 300/1970 (Workers’ statute). This infringement provides for a compensation and the annulment of the act and the sentence for the employer to assign the tasks previously carried out to the worker.
▪salary differences and TFR calculation: regardless of what is indicated in the employment contract or by the salary statements released monthly by the company, even if signed, the worker has the right to receive a remuneration based on the work actually performed. So if the employee has carried out unpaid duties, or in the event that he has not perceived the TFR, which has been payable by law by virtue of the qualification corresponding to the duties actually carried out, even if not corresponding to that contained and described in the employment contract, is entitled to require payment of all the salary differences accrued in the course of employment relationship.
▪just-cause resignation:in the event that the worker is involved in unpleasant situations, such as sexual harassment, insults, requests for unlawful behavior, delays in payment of salaries and contributions, discriminatory behavior by the employer or colleagues, he has the right to communicate to the employer, without prior notice, his willingness to terminate the employment relationship with immediate effect.
Just-cause resignation is considered an involuntary loss of the job and, as a consequence, it provides for the payment of the indemnity for lack of notice in favor of the worker.
▪retirement incentive: as part of a business transaction, agreed to avoid the emergence of a dispute, the partners of Del Monte law firm assist and advise the worker and the employer, even for the purpose of determining the sum, defined as retirement incentive, requested by the worker in order to give his consent to the consensual termination of the employment relationship.
▪disciplinary dismissal: is the most serious disciplinary sanction that the employer can impose on the worker who has violated the law, the labour collective agreement or the company disciplinary code. This definition includes both the dismissal for just cause and the justified subjective reason.
▪mobbing: our firm also deals with assisting the worker in the analysis of the phenomenon, the evolution of the perpetrated conduct and the preparation of the best action to undertake, in case the worker is the victim of aggressive behaviors and persecutors at workplace.
▪dismissal for just cause: the law defines the just-cause dismissal in a generic way as the one that that does not allow even the provisional prosecution of the working relationship, i.e. it does not even allow to continue it for the period of notice, such as: false injury and illness declared by the worker, false stamping of the card, unjustified abandonment of the workplace, violation of the fiduciary bond, unjustified and repeated rejection to carry out the job performance, etc…
▪dismissal for justified reason: l. 604 of 1966 on individual dismissals provides that dismissal, if not ordered for just cause, must always be motivated. The justified subjective reason consists of “a considerable non-fulfillment of the contractual obligations of the worker“, while the justified objective reason consists of “reasons inherent to the productive activity, the organization of work and its regular functioning“.
▪regularization of undocumented work: very recent is the modification of the sanctioning system, which has become particularly costly. Where the employer avails itself of professional and/or working benefits of a worker without recognizing to them any cover pension, guarantee, and protection provided by law, and without paying the taxes provided for by law, financial administrative penalties are foreseen from Euro 1,500.00 to 36,000.00, depending on the severity threshold, if necessary increased by 20 in the case of use of foreign workers not in possession of a valid residence permit or of minors of non-working age.
Through our partners and technical consultants, Del Monte law firm in Rome and its labour lawyers can deal with:
- drafting of any judicial and extra-judicial act relating to the management of the employment relationship, both on behalf of employers and employed persons;
- preparation of accounts and salary differences based on what is regulated by collective or individual labour agreement;
- reconciliation at our office with the presence of trade union representatives for the protection of the parties as required by law;
- appeal to the court against transactions carried out only in the presence of the employer.
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