News & Insights

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Insights

Exceptions to the motivation obligation in fixed-term contracts and the reason behind the Inspectorate’s note of 12 May 2021 (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 June 2021 – Alberto De Luca, Stefania Raviele)

Since the beginning of the pandemic, the strict restrictions on the possibility of concluding fixed-term contracts have been suspended for the obvious purpose of favouring employment (albeit fixed-term),…

Insights, News

In the absence of a lawful reason, the dismissal of an employee who refuses a novation agreement is retaliatory (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 3 June 2021 – Enrico De Luca, Raffaele Di Vuolo)

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s…

Insights

Repression of unfair labour practices to freelancers (Newsletter Norme & Tributi n. 151 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. …

Insights, News

The Judge’s verification of the effectiveness of business choices at the basis of the dismissal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 18 May, 2021 – Enrico De Luca, Claudia Cerbone)

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee…

Insights, News

Appeals Court judge may acquire unfiled documents (Il Quotidiano del lavoro de Il Sole 24 Ore, 12 May 2021 – Vittorio De Luca, Marco Giangrande)

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4…

Insights

Cassation: union permit used for other purposes may not justify dismissal (Newsletter Norme & Tributi n. 150 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings.…

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…

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