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11 December 2020 • News, Insights

Italian employment measures provided by the public authority within the frame of the Covid-19 emergency (Invest in Tuscany, 11 December 2020 – Vittorio De Luca, Raffaele Di Vuolo)

Since the beginning of February 2020, the Italian public authorities have issued several emergency provisions to contain the risk of contagion and mitigate the economic and social effects of the pandemic ensuring financial support to families, businesses and workers. Furthermore, as consequence of the ongoing emergency the Italian Government continues to postpone the effectiveness of ....

10 December 2020 • Insights

The Court aligns with CJEU on Jobs Act collective dismissals (Il Quotidiano del lavoro de Il Sole 24 Ore, 3 December 2020 – Vittorio De Luca, Antonella Iacobellis)

With its judgement 254 of 26 November 2020, the Constitutional Court confirmed its loyal collaboration with the Court of Justice of the European Union and declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions related to collective dismissals which violated the selection criteria. The reasoning for ....

2 December 2020 • News, Insights

The Supreme Court once again dwells on the value of the declarations made during the inspection (Il Quotidiano del lavoro de Il Sole 24 Ore, 2 December 2020 – Vittorio De Luca, Antonella Iacobellis)

The Court of Cassation no. 24208 – 02/11/2020 focused again on the value of the statements made during the inspection for the judge called to assess the existence of the employer’s obligation to pay contributions, especially if the latter has not fulfilled the burden of proof. The Supreme Court held that “The principle of self-sufficiency ....

1 December 2020 • Insights

Labour intensive contracts: Inspectorate lacks jurisdiction for withholding taxes

The Labour Inspectorate, with note no. 1037 of 26 November 2020, intervened on an investigation of offences against an employing party in a “labour-intensive” contract. Regulatory references Art. 4 of the Decree Law 124/2019 (the “Fiscal Decree“) added to Legislative Decree 241/1997 the new art. 17bis, which imposes new obligations on employing parties in labour-intensive ....

1 December 2020 • Insights

Riders: Ministry of Labour clarifications

Following what was announced to the social partners at the meeting held on 18 November 2020, the Ministry of Labour issued the following 19 November Circular no. 17 explaining the regulations governing digital platforms’ delivery cyclists (riders). The Ministry outlined the essential features of Legislative Decree of 15 June 2015, no. 81, as amended and ....

1 December 2020 • Insights

Collective dismissal and selection criteria: the Constitutional Court declares the sanctioning system’s legitimacy issues inadmissible

The Constitutional Court, with its ruling no. 254 filed on 26 November 2020, declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions concerning collective redundancies which violated the selection criteria. the Board considered the judge’s reasoning on the relevance insufficient and any request for corrective action ....

1 December 2020 • Insights

The validity of waivers and settlements within the employment relationship

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee’s declaration may be considered as a waiver if the settlement agreement was issued with awareness of determined or objectively determinable rights and with a conscious intent to waive or settle them. Facts of ....

1 December 2020 • Insights

DID YOU KNOW THAT… Covid-19 is one of the biological risks that cause infectious diseases in the workplace?

Decree Law no. 149/2020 ( “Ristori-bis Decree”), the Italian legislation has implemented Directive 2020/739 of 3 June last (the “Directive“). The latter has amended Annex III of Directive 2000/54/EC on the protection of workers from health risks and safety arising, or likely to arise, from exposure during normal work to biological agents identified in the ....

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