Labor law

The Cetraro Law Firm has been dealing with all disputes relating to the Employment Relationship for many years, as a legal relationship between the provider and the employer, both in the forms of individual labor disputes and in the forms of Social Security disputes and compulsory assistance.

In particular, the Firm offers specific and accurate advice and assistance on:

  • Work relationship management
  • Worker mobility
  • Individual and collective layoffs
  • Compensation requests or pay differences
  • Job security
  • Non-pecuniary damages deriving from the employment relationship (mobbing, demotion, damage to professionalism).

The Cetraro Law Firm also deals with disputes with social security and insurance institutions (INPS and INAIL), regarding the regularity of the social security and insurance positions of companies.

Legal assistance and up-to-date information on social security and compulsory assistance are guaranteed, protecting the rights of individual citizens for the recognition of welfare benefits:

  • Accompanying allowance pursuant to Law 18/1980
  • Attendance allowance pursuant to Law 289/1990
  • Monthly assistance allowance pursuant to Law 118/1971
  • Disability pension pursuant to Law 222/1984
  • Handicap status pursuant to Law 104/92
  • Ordinary work disability allowance pursuant to Law 222/1984

Cass. Civ., Section work, sentence no. 2711 of 05.02.2020: “Accidents at work, the adjustment of the benefit is paid to the insured regardless of his will (..) The system of compulsory insurance against accidents at work and occupational diseases is inspired by the need to adapt, as far as possible, the performance to the effective measure of the reduction of the attitude to work. It follows that in court, whether it is the first liquidation, or whether it is a review, the subject of the judgment concerns the ascertainment of the effective degree of reduction in the suitability for work, without allowing anchoring the adjustment of the annuity to the will expressed by the insured.”

Cass. Civ., Section work, sentence no. 2365 of 03.02.2020: “Disciplinary dismissal: the protections of the Workers’ Statute also apply to apprentices (..) The procedural guarantees dictated by art. 7, l. n. 300 of 1970, in the event of disciplinary dismissal in which the employer accuses the apprentice of negligent or, in a broad sense, guilty behavior.”

Trieste Court, Sec. work, sentence no. 129 of 20.06.2019: “Since the INAIL allowance, in consideration of its welfare nature, does not exactly cover the entire damage to health, even after the news referred to in Legislative Decree 38/2000 the worker is entitled, using the conditions article 10 of the TU 1124/1965, to act against the employer for the restoration of biological damage cd differential, that is, that part of biological damage that, in merely quantitative terms, is not covered by compulsory insurance. In other words, even after the entry into force of Legislative Decree 38/2000, in accordance with articles 10 and 11 of the Presidential Decree June 30, 1965 n. 1124 (TU of the provisions for compulsory insurance against accidents at work), the civil liability of the employer, despite the insurance coverage guaranteed to the worker injured by Inail, remains (with the consequent possibility of compensation for the injured for the so-called differential damage) when the accident was caused by the violation of the rules for protection against accidents, when the fact constitutes an offense that can be prosecuted ex officio, an assessment that can also be made an incidenter tantum also by the employment judge. The compensation obligation of the employer towards the injured worker, foreseen by art. 10 of the Presidential Decree June 30, 1965 n. 1124, is subject to and limited to any excess of the total amount of the compensation determined according to the civil criteria, with respect to the indemnities paid pursuant to articles 66 and following of the Consolidated Law.”