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Insights, News

Unions representing staff may bring proceedings to suppress anti-union conduct (Il Quotidiano del lavoro of Il Sole 24 Ore, 19 April 2021 – Vittorio De Luca, Roberta Padula)

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video…

Insights, News

A tale of increasing protection: discretion’s return (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 1 April 2021 – Alberto De Luca, Valentino Biasi)

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts.…

Insights

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights

Contract renewal applies to non-signatory employer associations (Newsletter Norme & Tributi n. 148 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Under order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect…

Insights, News

Remote working and Data Protection (Top Legal Focus Privacy & Data Protection, February 2021 – Vittorio De Luca, Elena Cannone)

Under the Law No. 81 of 22 May 2017 on "Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and…

Insights

Non-pecuniary damage to professionalism does not constitute income subject to taxation (Il Quotidiano del lavoro de Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Antonella Iacobellis)

The Court of Cassation, February 3, 2021, no. 2472 ruled that the non-pecuniary damage to professionalism must be traced back to the emerging damage and, as such, not…

Insights, News

Social security cushions, system crisis certified by the virus (Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Alessandra Zilla)

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools,…

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