News & Insights

ALL NEWS AND INSIGHTS

13 October 2021 • Insights

Employee Legitimate dismissal due to performing other activities while being absent for illness (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 13 October 2021 – Enrico De Luca, Luca Cairoli)

With its order no. 26709 of 1 October 2021, the Court of Cassation expressed its opinion on the legitimacy of dismissals of workers who are caught carrying out activities incompatible with their medical condition, while being absent for illness. The Supreme Court ruled on the legitimacy of the dismissal for just cause of an employee ....

1 October 2021 • Insights

Compulsory “Covid-19 Green pass” for employees

Decree Law No. 127 of September 21, 2021 (hereinafter, “Decree“), in force since September 22, has introduced the COVID-19 Green Certification obligation (hereinafter, “Green pass”) to all workers in the public and private sectors. In particular, from October 15, 2021, through December 31, 2021 (the current end of the “state of emergency”), “anyone carrying out ....

30 September 2021 • Insights

Compensatory damages in case of limitation of the workers’ freedom of association (Newsletter Norme & Tributi n. 153 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew employment contract (entitled “Termination of contract”), which was the subject of the trade union’s action, is discriminatory. The clause in question ....

30 September 2021 • Insights

INL: clarifications on the amendments made by the Decreto Sostegni (Support Decree) bis to the rules on reasons for fixed-term contracts

With note no. 1363 of 14 September 2021, the National Labour Inspectorate (“INL”) provided some clarifications concerning the amendments made by Decree Law no. 73/2021 ( “Decreto Sostegni bis“) to the regulation of the reasons for fixed-term contracts. New reason The “Decreto Sostegni bis“, as converted by Law no. 106/2021, supplemented the rules set out ....

30 September 2021 • Insights

Risks on the web and misuse of the company PC: yes to a dismissal of the employee

The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee who has repeatedly surfed on unsafe sites for private purposes and put internal security at risk. Facts of the case The worker employed ....

30 September 2021 • Insights

A director’s waiver of remuneration must be explicitly stated

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director’s waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention to waive the relevant right. However, the waiving act must be inferred not from the mere failure to request compensation, whatever the reasons, but from external ....

30 September 2021 • Insights

Agency: stability agreement requiring an excessively onerous penalty for the agent is void

The Court of Cassation, with its ruling no. 24478 of 10 September 2021, declared the stability agreement attached to the agency contract null and void for evasion. The agreement required an excessively onerous penalty for breaches. This significantly affects and restricts the right of withdrawal of one of the parties. Facts of the case The ....

30 September 2021 • Insights

DID YOU KNOW THAT… The Decree extending the Green Pass obligation to private employment has been published in the Official Gazette?

Decree-Law no. 127/2021 (the “Decree“) was published in the Official Gazette on 22 September 2021 and has been in force since 23 September. According to this Decree, from 15 October until the following 31 December, anyone carrying out any work, training or voluntary activity in the private sector is required to possess and submit, upon ....

1 … 55 56 57 58 59 … 238

Research, training and international collaborations

ALL NEWS AND INSIGHTS