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Insights

The members of the Board of Directors are always liable in the event of an accident, unless there a formal deed of proxy which cannot be substituted by de facto proxy (Il Quotidiano del Lavoro de Il Sole 24 Ore, 14 January 2020 – Alberto De Luca, Luca Cairoli)

The Court of Cassation, with judgement no. 54 filed on 3 January 2020, returned to express its position regarding the distribution of responsibilities for accident prevention obligations in…

Insights

Whistleblowing, secure channels in companies with over 50 employees (Il Quotidiano del Lavoro de Il Sole 24 Ore, 9 December 2019 – Vittorio De Luca, Antonella Iacobellis)

On 26 November 2019, Directive of the European Parliament and Council no. 1937/0/201, dated 23 October 2019, concerning the protection of individuals who report breaches of EU law,…

Insights

Subcontracting, the general indication of peaks of intense activity is insufficient (Il Quotidiano del Lavoro de Il Sole 24 Ore, 2 December 2019 – Vittorio De Luca, Antonella Iacobellis)

The Court of Appeal, by order no. 28285 dated 4 November 2019, (i) established that, in order to resort to labour-only subcontracting, it is necessary that the factual…

Insights

The offence of false invoicing is included in the Decalogue of prerequisite offences (Newsletter Norme & Tributi n. 137 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Decree Law no. 124 of 26 October 2019 on "Urgent provisions in tax matters and for time-critical needs" (so-called Tax Decree) has expanded the Decalogue of prerequisite crimes…

Insights

The dismissal of those who falsely attest to their presence is lawful (Il Quotidiano del Lavoro de Il Sole 24 Ore, 18 November 2019 – Vittorio De Luca, Antonella Iacobellis)

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office…

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

Corporate immigration: Global Legal Group 2019 comparative guide available on line

Security Decree, in force since December 2018, has amended the Legislative Decree 286/98 (“Immigration Act”) concerning corporate immigration in Italy. The 2019 edition of the international comparative legal…

Insights

Legitimate dismissal even with a minimum reduction in revenue (Il Quotidiano del Lavoro de Il Sole 24 Ore, 1 August 2019 – Enrico De Luca, Antonella Iacobellis)

The Court of Cassation reiterated that the judge's review cannot also concern the merits of the employer's management choices, and a minimum reduction in revenue, if objectively linked…

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