News & Insights

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31 March 2021 • Insights

Cassation: company collective contract form is free unless illegal (Newsletter Norme & Tributi n. 149 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Cassation Court, in ruling 3542, published 11/2/2021, reiterated case law – if there is no law requiring collective contracts be written based on the freedom of form principle – a unwritten company agreement is still valid. An agreement can be made verbally or by implication. Based on freedom of form and the literal interpretation ....

29 March 2021 • Insights

Right to disconnection: European Parliament Resolution

On 21 January 2021, the European Parliament adopted a resolution inviting the European Commission to suggest a Directive guaranteeing workers the right to disconnect from the information technology tools used to carry out their work. The Parliament attached to the Resolution specific recommendations outlining the Directive’s content. The Directive should be addressed to private or ....

29 March 2021 • Insights

Foreign workers: expired residence permit extension

In its message dated 2 March 2021, no. 895, INPS provided guidelines on expired residence permits, and clarified they can be extended until next 30 April, under art. 5 of Decree Law 14 January 2021, no. 2 which contained further urgent provisions on the containment and prevention of the COVID -19 epidemiological emergency. The institute ....

19 March 2021 • News, Insights

Non-competition agreement remuneration. How the nullity cases work (Guida al Lavoro de Il Sole 24 Ore, 19 March 2021 – Vittorio De Luca, Antonella Iacobellis)

Non-competition agreement – Agreement nullity – Remuneration – agreement onerousness – Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no. 5540 “Concerning the non-competition agreement entered into with an employee, the mere provision that the agreement is onerous excludes the extreme sanction of the agreement’s nullity may be applied if there is a financial imbalance ....

16 March 2021 • News

#Ripartialia – Interview with Vittorio De Luca on MF today

Vittorio De Luca during the #Ripartitalia special on MF today, analyses the salient points of Law 81 of 2017, which for many aspects has proven to keep up with the times and withstood the test of the changes caused by the pandemic crisis. However, various limits need to be taken into consideration for a reform. The ....

10 March 2021 • News, Insights

Substitute meal voucher for shift employees (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 10 March 2021 – Enrico De Luca, Claudia Cerbone)

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break. This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March ....

4 March 2021 • News, Insights

The exception of the aliunde perceptum can be proposed on appeal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 March 2021 – Enrico De Luca, Antonella Iacobellis)

According to Supreme Court n. 4056 of February 16, 2021: “the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the Judge if the relevant factual circumstances are duly acquired during the trial. For this reason, the exception of deduction of the aliunde perceptum is not subject to ....

3 March 2021 • News

Vittorio De Luca live on Class CNBC for #Ripartitalia

Monday 8 March, starting at 12:00 live on Class CNBC (Sky channel 507) and on www.milanofinanza.it appointment with #Ripartitalia, the agenda for the future of work. Vittorio De Luca will be one of the guests, moderated by Andrea Cabrini, to talk about new rules for work. FOCUS The pandemic crisis has radically transformed the dynamics and processes of ....

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