News & Insights

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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…

Insights

Company agreement: representative requirements (Newsletter Norme & Tributi n. 145 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Under order no. 8265/2020, the Court of Cassation defined the representative requirements that a second-level company agreement must contain to be indisputable to third parties, including INPS (National…

Insights

The new legislation on transnational posting in effect from 30 September 2020

The reform of transnational posting became officially effective as of 30 September 2020, following publication of the Italian Legislative Decree 122/2020 in the Official Gazette, implementing EU directive…

Insights

Fictitious secondment (“posting”), the contributory and social security saving is fraud (Guida al Lavoro de Il Sole 24 Ore, 25 September 2020 – Vittorio De Luca and Antonella Iacobellis)

The Court of Cassation has ruled on the matter of the fictitious secondment (“posting”) of employees. Sanctions shall be imposed on any undertaking seconding (“posting”) its own employees…

Insights

National Collective Bargaining Agreement, but Riders remain “self-employed”

On 15 September 2020, the ASSODELIVERY and UGL-RIDER trade associations signed the first National Collective Bargaining Agreement governing the work contracts of Bike Delivery Riders, also known as…

Insights

Failure to take the measures provided for under the GDPR is comparable to the “fault on the organisation’s side” under Legislative Decree No. 231/2001

The Court of Cassation, with order No. 18292 issued on 3 September 2020, has pointed out that failure to arrange the relevant technical and organisational measures safeguarding the…

Insights

Unused holidays: right to the payment of the relevant allowance

The Court of Cassation, with order No. 13613/2020, has ruled that the employer is under an obligation to pay to the chief physician the unused holidays unless the…

Insights

Transnational secondment (“posting”): the implementation decree has been published in the State Gazette

Legislative Decree No. 122/2020 has been published in State Gazette No.  229 of 15 September 2020 which, by implementing Directive (EU) 2018/957 on transnational secondment (“posting”), has brought…

Insights

DID YOU KNOW THAT… the dismissal notified after a considerable lapse of time following the protected period is not unlawful?

The Court of Cassation, with order No. 18960 of 11 September 2020, has stated that in no way may the dismissal following the protected period be deemed belated…

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