News & Insights

Insights

Insights

Union Agreement: an exception to ban on dismissals (Newsletter Norme & Tributi n. 146 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The current emergency due to the spread of Covid-19 led the Italian Government to ban dismissals for objective justified reason and suspend layoff proceedings. Initially introduced with the…

Insights, News

Wages guarantee, de-contribution and ban on dismissals, new measures in the Ristori Decree (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 11 November 2020 – Vittorio De Luca, Debhora Scarano)

An employment emergency measure package added to Italian Decree Law 137/2020 approved by the Council of Ministers on 28 October 2020, includes a brief extension of the emergency…

Insights

Remote working in Spain (Il Quotidiano del lavoro de Il Sole 24 Ore, 6 November 2020 – Vittorio De Luca, Antonella Iacobellis)

The Spanish Council of Ministers has approved a Royal Decree on remote working "Real Decreto-Ley 28/2020." These are a set of provisions aimed at balancing employee and employer…

Insights

The production crisis make employee posting lawful

The Supreme Court of Cassation, by Order no. 18959/2020, confirmed that the interest in posting may also be of a non-economic or wealth nature in the strict sense,…

Insights

Disciplinary proceedings: second thoughts and integration of oral justifications allowed

The Supreme Court of Cassation, with its ruling no. 19846/2020 underlined the need to grant the worker the possibility to fully exercise his right to defence. This right…

Insights

The employer may request a potential employee’s criminal status certificate in the pre-hiring phase

The Supreme Court of Cassation, by Order no. 17167/2020, considered the personnel selection process that requires involved candidates to produce their criminal status certificate as lawful. Facts of…

Insights

Precautionary appeal blocks the prescriptive time period

The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive…

Insights

DID YOU KNOW THAT… The DPCM of 24 October 2020 contains measures to deal with the Covid epidemic emergency in the workplace?

The DCPM was published in the Official Gazette last 24 October containing “additional implementation measures of the decree-law 25 March no.  19, converted, with amendments, by Law no.…

Insights, News

The Supreme Court reaffirms the right to the inalienability of holidays/annual leave (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Supreme Court no. 13613/2020 stated that: "The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated…

Insights, News

The service contract and the dismissals at the time of the COVID-19 (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Faced with the pandemic emergency in progress, the Legislator and the Government have introduced rules aimed at safeguarding jobs, allowing the use of wage supplements and imposing a…

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