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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…

Insights, News

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…

Insights

Law 104: vacancy is not a worker’s absolute and unlimited subjective right

In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person…

Insights

Unlawful dismissal: compensation to be calculated over the dismissal period

In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the…

Insights

DID YOU KNOW THAT…The Transparency Decree outline been definitively approved by the Council of Ministers?

On 22 June 2022 the Council of Ministers, definitively approved the draft legislative decree implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European…

Insights, News

The Transparency Directive applies to business relationships (Il Quotidiano del Lavoro of Il Sole 24 Ore, 11 July 2022 – Vittorio De Luca, Alessandra Zilla)

The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies,…

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