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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, 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

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

Signed the National Collective Bargaining Agreement but the Riders remain “self-employed”(Il Quotidiano del Lavoro de Il Sole 24 Ore, 22 September 2020 – Alberto De Luca, Raffaele Di Vuolo)

On September 15, 2020, the trade union associations ASSODELIVERY and UGL-RIDER signed the first National Collective Bargaining Agreement (“NCBA”) governing the relationship between Bike Delivery Riders so called…

Insights

Union representation: bill before the Chamber (Newsletter Norme & Tributi n. 144 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Bill C. 788 was submitted to the Chamber of Deputies in July 2018. Its aim is to define procedures to measure the actual representation of worker unions (“OOSS”)…

Insights

The “Rilancio” Decree’s conversion law: news about remote working at the time of Covid-19 (Guida al Lavoro de Il Sole 24 Ore, 31 July 2020 – Vittorio De Luca e Antonella Iacobellis)

Law no. 77/2020 has amended Article 90, Paragraph 1 related to “Decreto  Rilancio” with reference to Remote Working and it has envisaged that until the end of the…

Insights

Remote working: how to improve it after the emergency phase (Agendadigitale.eu, 20 July 2020 – Enrico De Luca e Alessandra Zilla)

The COVID-19 emergency has awakened interest in remote or agile working, with the aim of limiting the spread of the virus and ensuring business continuity,. In the emergency…

Insights

The remedy of reinstatement presumes the conscious abuse of the employer’s disciplinary power (Il Quotidiano del Lavoro de Il Sole 24 Ore, 1 July 2020 – Enrico De Luca, Alessandra Zilla)

With the recent decision no. 1170 of 17 June, the Court of Cassation has provided interesting clarifications on the fourth paragraph of Article 18 of Law no. 300/70…

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