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Insights

Riders, for Italy and Spain are employees (Guida al Lavoro de Il Sole 24 Ore, 28 February 2020 – Vittorio De Luca, Antonella Iacobellis)

The Italian Supreme Court has stated that the rules on employment apply to so-called riders. The issue of riders is affecting the courts at all latitudes of the…

Insights

The unilateral withdrawal of the employer from the currently applicable National Collective Bargaining Agreement (NCBA) is unlawful (Newsletter Norme & Tributi n. 139 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Cassation, in its judgment no. 21537/2019, declared the unilateral termination of the applied NCBA by the employer before its natural expiry date unlawful, even if…

Insights

Coding and safe communication protocol to protect whistleblowers (Il Quotidiano del Lavoro, Il Sole 24 Ore, 21 February 2020 – Vittorio De Luca, Antonella Iacobellis, Martina De Angeli)

With Decision No. 17 of 23 January 2020 and in imposing a sanction on an Italian University for not having properly protected the confidentiality of the identification data…

Insights

No reinstatement if the business is discontinued after the dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 18 February 2020 – Alberto De Luca, Luca Cairoli)

With order 1888 dated 28 January 2020, the Court of Cassation has ruled on a case of dismissal for unlawful justified objective grounds with the consequent reinstatement in…

Insights, News

Industrial Relations Law Across the World – 2° edition Current legal frameworks and trends

The quick technological progress and the rising of new business models are structurally changing the practice of industrial relations in the whole globe. New rules are taking shape…

Insights

Signature of the Convention for the representation of trade unions in the company: an anti-dumping agreement (Newsletter Norme & Tributi n. 138 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

On 19.09.19 Inps, National Labour Inspectorate (Inl), Confindustria, Cgil, Cisl and Uil signed a Convention. It aims to measure and certify how representative trade unions are and substantiate…

Insights
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…

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