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30 June 2021 • Insights

It is discriminatory to subject the renewal of a cooperation agreement to acceptance of the applicable collective bargaining agreement (Newsletter Norme & Tributi n. 152 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

On 12 April 2021, the Palermo Court ruled that early withdrawal by a food delivery company from a fixed term cooperation agreement with a rider was invalid, as it was the direct consequence of his refusal to accept the governing conditions of the collective agreement chosen by the company and signed by trade unions he ....

29 June 2021 • Insights

Administrative liability of entities: interest and advantage in culpable offences

The Court of Cassation, IV Criminal Section, in its ruling no. 22256 of 3 March 2021 (filed on 8 June), ruled on the existence of the requisites of interest and advantage of the entity in cases of culpable offences for violation of accident prevention regulations under Legislative Decree no. 231/01 on administrative liability of entities. ....

29 June 2021 • Insights

Unlawful collective dismissal for breach of selection criteria: mitigated reinstatement protection

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art. 4, paragraph 9 of Law 223/1991, which constitutes a “procedural violation”, the indemnity protection quantifiable between 12 and 24 months’ salary is applicable after the employment termination ....

29 June 2021 • Insights

The aliunde perceptum (sum earned elsewhere) is not deductible if the activity is compatible with the work performed before the dismissal

The Supreme Court of Cassation, in its Order no. 17051, published on 16 June 2021, stated that if a dismissal is declared unlawful, the aliunde perceptum resulting from a work compatible with that carried out in favour of the employer ordered to reinstate the employee should not be deducted from the appropriate compensation. Facts of ....

29 June 2021 • Insights

Cyber-security: Decree published in the Official Gazette

Decree-Law no. 82/2021 (the “Decree“) was published in the Official Gazette on 14 June, containing “urgent provisions on cyber-security – definition of the national cyber-security architecture and establishment of the National Cyber-security Agency” . The term “Cyber-security” means “activities necessary to protect networks, information systems, computer services and electronic communications from cyber threats, ensuring their ....

29 June 2021 • Insights

DID YOU KNOW THAT… the new Standard Contractual Clauses have been approved for the transfer of data to non-EU countries?

Based on the principles in the Court of Justice Schrems II judgement of 16 July 2020, with Decision no. 2021/914 of 4 June 2021, the European Commission has approved two new sets of Standard Contractual Clauses (“SCCs“) which, from 27 September, must be included in contracts to regulate a transfer of personal data to non-EU ....

29 June 2021 • Insights

Company transfer and demotion

The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion falls on the transferee who used the service and not the transferor. This case follows a judicial application for investigations into a demotion by an employee who ....

24 June 2021 • News, Insights

Employee transfer is not mobbing (Il Quotidiano del lavoro de Il Sole 24 Ore, 24 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling out that this amounts to mobbing if the transfer is not intended to persecute the employee, rather to restore serenity in the workplace. The ruling derives from ....

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