News & Insights

Insights

Insights

The contract in which the customer carries out a control system on the work activity with automated tools is unlawful

The Court of Padua, under ruling no. 550 of July 16, 2019, addressed the issue of employment based on the concept of hetero-direction of work in the light…

Insights

The unilateral termination of the contract by the employer before its expiry is unlawful

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date…

Insights

Whistleblowing: Italian law and EU Directive compared

On 7 October 2019, the European Council adopted the Directive on the "Protection of individuals who report breaches of EU law" (known as whistleblowers), i.e. those within the…

Insights

Lack of unjustified tax inspection in the event of non-urgency

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated…

Insights

Did you know that… the Senate has approved the business and corporate crises decree?

At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of…

Insights

Employees who are compulsorily employed cannot be dismissed if they fall below the special reserve (Il Quotidiano del Lavoro de Il Sole 24 Ore, 31 October 2019 – Vittorio De Luca, Antonella Iacobellis)

The Court of Appeal, by ruling 26029 dated 15 October 2019, reconfirmed that the dismissal of a compulsorily employed employee must be considered voidable in the context of…

Insights

Failure to Adopt the Model: accidents at work and the authority’s responsibility (Newsletter Norme & Tributi n. 136– Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Cassation, Fourth Criminal Section, with sentence 35934 of last 09 August, declared a company responsible for the crime of serious injury with violation of safety…

Insights

According to the Court of Appeal, the employer is responsible for proving earnings from other work (Il Quotidiano del Lavoro de Il Sole 24 Ore, 21 ottobre 2019 – Enrico De Luca, Antonella Iacobellis)

The Court of Appeal, by ruling no. 25355 dated 9 October 2019, stated that employers that claim earnings from other work or sources to be deducted from the…

Insights

Compatibility of the cumulation of corporate positions and employment relationships: The clarifications of the INPS

INPS, with message no. 3359 of 17 September 2019, summarised and explained to the economic operators and their area offices, the principles established at the Supreme Court level…

Insights

Accident of the undeclared worker: liability of the employer and the company

The Court of Cassation, Fourth Criminal Section, with sentence no. 35934 of 9 August 2019 addressed the case of an accident involving an “off-the-books” worker. The Court of…

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