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Unlawful dismissal in companies with less than 15 employees: compensation should be changed

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the…

Insights

DID YOU KNOW THAT… The “work-life balance” legislative decree has been in force since 13 August?

Legislative Decree of 30 June 2022 no. 105, implementing the "Directive (EU) 2019/1158 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU" has been in…

Insights, News

Transparency Decree, new employer obligations (Modulo24 Contenzioso del Lavoro – Form24 Labour Litigation – Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication…

Insights, News

Legitimacy of dismissal and burden of proof on the employee, if a colleague was not dismissed for the same conduct (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who…

Insights, News

Transparency Decree changes “exclusivity clause” (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 1 August 2022 – Vittorio De Luca, Claudia Cerbone)

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified…

Insights, News

Transparency and contracts, rules to avoid litigation (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 25 July 2022 – Vittorio De Luca, Claudia Cerbone)

More comprehensive information. Reference to collective agreements is insufficient The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers…

Insights, News

CJEU ruled on the social security legislation applicable to airline staff (Norme e Tributi Plus Diritto of Il Sole 24 Ore, 15 July 2022 – Vittorio De Luca, Marco Giangrande)

The Court of Justice of the European Union (hereafter: "Court of Justice"), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established…

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The principal cannot ignore contractor’s employees safety obligations (Guida al Lavoro of Il Sole 24 Ore, 15 July – Alberto De Luca, Raffaele DI Vuolo)

Art. 2087 requires employers to take measures to prevent situations harmful to the worker's physical health and personality based on experience, technology, and type of work. This “open”…

Insights

Fictitious contracts and illegal labour supply: liability 231 for tax offences

The Court of Cassation, III Criminal Section, in its ruling no. 16302/2022, held a logistics company liable for the administrative violation arising from the commission of the offence…

Insights

The manager and the inalienability of holiday entitlement

In ruling no. 13063 of 26 April 2022, the Court of Cassation set out the principle of "the manager's power (... ) to organise their holidays independently, even…

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