News & Insights

Insights

Insights, News

In the absence of a lawful reason, the dismissal of an employee who refuses a novation agreement is retaliatory (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 3 June 2021 – Enrico De Luca, Raffaele Di Vuolo)

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s…

Insights

Repression of unfair labour practices to freelancers (Newsletter Norme & Tributi n. 151 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. …

Insights

The Data Protection Authority clarifies the Company Physician role

The Italian Data Protection Authority, last May 14 published a document on the Company Physician role regarding the implementation of vaccination plans for the activation of extraordinary anti-Covid-19…

Insights

Data Protection Authority: the employer must properly inform employees about the company systems used

In its 15 April 2021 injunction order, the Italian Data Protection Authority fined a company operating in the manufacturing sector for failing to punctually and adequately inform the…

Insights

Waiver of notice period after dismissal does not exclude contribution obligations

The Court of Cassation, in ruling no. 12932/2021, reiterated that the waiver of notice period by the employee and the related substitute allowance, formalised by a settlement agreement…

Insights

Collective dismissal: possibility of limiting the procedure to certain offices only

The Court of Cassation, in its ruling of 6 May 2021, no. 12040, declared that it was legitimate to limit the scope of a collective dismissal procedure to…

Insights

DID YOU KNOW THAT… A right to disconnection for remote workers has been introduced in Italy?

Law of 6 May 2021, no. 61 converting Decree Law no. 30/2020 recognised that remote workers have the right to disconnect from technological equipment and IT platforms, under…

Insights

Brexit: derogation provisions for posted workers

In circular no. 71 of 27 April 2021, INPS transposed the Agreement on Trade and Cooperation between the European Union (EU) and the European Atomic Energy Community, and…

Insights, News

The Judge’s verification of the effectiveness of business choices at the basis of the dismissal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 18 May, 2021 – Enrico De Luca, Claudia Cerbone)

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee…

Insights, News

Appeals Court judge may acquire unfiled documents (Il Quotidiano del lavoro de Il Sole 24 Ore, 12 May 2021 – Vittorio De Luca, Marco Giangrande)

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4…

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