Effects of Italy’s accession to the Framework Agreement
On 28 December 2023, Italy joined the European Framework Agreement called “Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of…
Insights
New due diligence tools for employers: Corporate sustainability due diligence directive (Norme e Tributi Plus Diritto — Il Sole 24 Ore, 14 February 2024 — Alberto De Luca, Chiara Carminati)
Provisional agreement on corporate sustainability due diligence directive: text still to be examined by the Legal Affairs Committee and approved by the European Parliament sitting as a whole…
Whistleblowing – SMEs need expert advice (ItaliaOggi 7, 19 February 2024 – Vittorio De Luca)
There is no end to new initiatives on the subject of whistleblowing. While the provisions of Italian Legislative Decree no. 24 of 10 March 2023 are already in…
Cross-border workers: new agreement between Italy and Switzerland on taxes and remote working effective from 1 January 2024 (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 14 February 2024 – Valentino Biasi, Andrea di Nino)
Historically, cross-border work between Italy and Switzerland has been regulated by the Agreement signed in Rome in 1974 (‘1974 Rome Agreement’)and, also, by the Convention against double taxation…
Critical moment for the Italian Court of Cassation Court case-law on contracting-out (Il Sole 24 Ore, 16 February 2024 — Vittorio De Luca)
In our legal system, the issue of contracting-out and agency work has always been the focus of attention by the legislator in the field of employment law. Not…
Application of the obligation to reinstate where justified objective reason for dismissal did not exist (Camera di Commercio di Spagna in Italia – Enrico De Luca, Luca Cairoli)
By order no. 87 of 3 January 2024, the Italian Court of Cassation ruled on the applicability of reinstatement where the fact underlying the dismissal ordered for justified…
Dismissal for justified objective reasons and repêchage (obligation to relocate): employer’s obligations (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 31 January 2024 – Vittorio De Luca, Alessandra Zilla)
In the case of dismissal for objective reasons, the repêchage obligation may be limited by the fact that the dismissed person does not have the professional skills to…
Dismissal of line manager who harasses female colleagues outside work (Norme & Tributi Plus Diritto – Il Sole 24 Ore – 30 January 2024- Enrico De Luca, Raffaele Di Vuolo)
In judgment no. 35066 of 14 December 2023, the employment division of the Italian Court of Cassation confirmed that an employee’s conduct outside work can irreparably damage the…
Lawfulness of dismissal based on need to cut costs (Newsletter Norme & Tributi n. 174 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)
With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled on a dismissal for a justified objective reason based on the need to cut…
Remote working and vulnerable workers: remote work must be compatible with company’s organisational and production needs
The Court of Trieste, Employment Section, with order of 21 December 2023, no. 525/2023 has held that so-called “vulnerable” workers’ rights to work remotely cannot be “absolute” but…