Invalid dismissal notified during COVID ban on dismissals
The Court of Mantua, in its ruling no. 112, filed on 11 November 2020, declared the absolute nullity of dismissal for justified objective reason with consequent applicability of…
Insights
Agency relations: legitimate withdrawal for just cause
The Cassation Court, in ruling no. 6915 published on 11 March 2021 ruled on the applicability of withdrawal for just cause from agency contracts as contained in art.…
Court of Justice of the European Union: Jobs Acts and collective dismissal
The Court of Justice of the European Union (CJEU), with its ruling of 17 March 2021 (case C-652/2019), decided on prejudicial issues raised by the Court of Milan…
DID YOU KNOW THAT… The Decreto Sostegni (Support Decree) confirmed the possibility of company agreements to incentivize termination of employment?
The Decreto Sostegni (Decree Law 41/2021), published in the Official Gazette on 22 March 2021 and enacted on 23 March, extended the ban on dismissals for economic reasons…
Cassation: company collective contract form is free unless illegal (Newsletter Norme & Tributi n. 149 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)
The Cassation Court, in ruling 3542, published 11/2/2021, reiterated case law - if there is no law requiring collective contracts be written based on the freedom of form…
Right to disconnection: European Parliament Resolution
On 21 January 2021, the European Parliament adopted a resolution inviting the European Commission to suggest a Directive guaranteeing workers the right to disconnect from the information technology…
Foreign workers: expired residence permit extension
In its message dated 2 March 2021, no. 895, INPS provided guidelines on expired residence permits, and clarified they can be extended until next 30 April, under art.…
Non-competition agreement remuneration. How the nullity cases work (Guida al Lavoro de Il Sole 24 Ore, 19 March 2021 – Vittorio De Luca, Antonella Iacobellis)
Non-competition agreement - Agreement nullity - Remuneration - agreement onerousness - Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no. 5540 "Concerning the non-competition agreement entered into with…
Substitute meal voucher for shift employees (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 10 March 2021 – Enrico De Luca, Claudia Cerbone)
Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due…
The exception of the aliunde perceptum can be proposed on appeal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 March 2021 – Enrico De Luca, Antonella Iacobellis)
According to Supreme Court n. 4056 of February 16, 2021: "the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the…