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31 July 2020 • Insights

The “Rilancio” Decree’s conversion law: news about remote working at the time of Covid-19 (Guida al Lavoro de Il Sole 24 Ore, 31 July 2020 – Vittorio De Luca e Antonella Iacobellis)

Law no. 77/2020 has amended Article 90, Paragraph 1 related to “Decreto Rilancio” with reference to Remote Working and it has envisaged that until the end of the epidemiological emergency from COVID-19, the right to carry out remote working is recognized, based on the assessments of doctors competent, even to workers most exposed to the ....

27 July 2020 • Insights

Privacy Shield: the Court of Justice of the European Union invalidates the EU – USA Agreement

With judgment dated 16 July 2020, “Data Protection Commisioner v Facebook Ireland Limited, Maximilian Schrems C-311/18”, the Court of Justice of the European Union (hereinafter, the “CJEU” or the “Court”) has declared Decision No. 2016/1250 invalid and, along with it, the agreement signed between the European Union and the United States of America aimed at ....

27 July 2020 • Insights

The Data Protection Officer: controls and sanctions in case of failure to designate same

With a decision dated 1 April 2020, the Spanish Data Protection Authority (hereinafter, the “Agencia Española Protección Datos” – “AEPD”) sanctioned a Spanish company doing business in the home delivery sector following the relevant online booking, used by thousands of customers, due to the failure to designate a Data Protection Officer (hereinafter, the “DPO” or ....

27 July 2020 • Insights

Covid-19 Committee in each single local unit: breaching the health and safety protocols constitutes an anti-union behaviour

With an order dated 1 July 2020, the Court of Treviso has stressed that the setting up of the internal Committee pursuant to article 13 of the Shared Protocol dated 14 March 2020 (subsequently updated last 24 April) for the implementation and the check of the rules established therein within the workplace must take place ....

27 July 2020 • Insights

Remote working: also for parents with children younger than 14 years old the right is not unconditional

Within the scope of urgent preliminary ruling procedures, the Court of Mantua, with order No. 1054 of 26 June 2020, ruled for the very first time on the necessary conditions to be met in order for a parent having a child younger than 14 years old to be entitled to remote working pursuant to article ....

27 July 2020 • Insights

Within the scope of private-law agreements, the principle of ensuring equality of pay and/or of classification to all employees fulfilling the same duties does not exist

With judgment dated 17 July 2020, the Court of Florence has ruled that “article 36 of the Constitution limits itself to establish the principle of sufficiency and adequacy of the pay, regardless of any intersubjective comparison and that article 3 of the Constitution imposes the equality of citizens vis-à-vis the law and not also in ....

27 July 2020 • Insights

DID YOU KNOW THAT… the judgment declaring article 4 of Legislative Decree No. 23/2015 unconstitutional has been published?

With judgment No. 150 lodged last 16 July, the Constitutional Court has declared article 4 of Legislative Decree No. 23 of 4 March 2015 constitutionally unlawful , with limitation to the words “for an amount equal to a monthly salary of the last pay of reference for calculating the severance pay for each year of ....

23 July 2020 • Insights

The “Decreto Rilancio” has been converted into law

Legislative Decree no. 34/2020 (so-called “Decreto Rilancio”) has been converted, with amendments, into Law no. 77 of July 17, 2020. The most significant innovations concerning the employment profiles introduced by Law 77/2020 are the following: A. Social shock absorbers The provisions of Legislative Decree no. 52/2020 regarding the use of the 4 additional weeks of ....

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