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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 ....

20 July 2020 • Insights

Remote working: how to improve it after the emergency phase (Agendadigitale.eu, 20 July 2020 – Enrico De Luca e Alessandra Zilla)

The COVID-19 emergency has awakened interest in remote or agile working, with the aim of limiting the spread of the virus and ensuring business continuity,. In the emergency phase a simplified mode of remote working has been introduced: until the end of the epidemiological state of emergency, the remote working may be activated even in ....

1 July 2020 • Insights

The remedy of reinstatement presumes the conscious abuse of the employer’s disciplinary power (Il Quotidiano del Lavoro de Il Sole 24 Ore, 1 July 2020 – Enrico De Luca, Alessandra Zilla)

With the recent decision no. 1170 of 17 June, the Court of Cassation has provided interesting clarifications on the fourth paragraph of Article 18 of Law no. 300/70 (so called “Statuto dei Lavoratori”), a provision which – as is well known – provides for the reinstatement of an employee unlawfully dismissed if the claimed fact ....

29 June 2020 • Insights

Authority: legal classification for the purposes of Supervisory Body privacy

With a note of 16 October 2019, the Association of Supervisory Body Members as per Legislative Decree 231/2001 (the “Association”) asked the Italian Data Protection Authority (the “Authority”) for a meeting to discuss the issue of the subjective classification for privacy purposes of the Supervisory Body (the “OdV, Organismo di Vigilanza). The Association’s arguments The ....

29 June 2020 • Insights

Coordination between the Safe Italy Decree Law and Relaunch Decree Law: INL note no. 160 of 3 June 2020

With its note no. 160 of 3 June 2020 the National Labour Inspectorate provided some clarifications concerning the amendments made to Decree Law no. 34/2020 (“Relaunch D.L.”)to D.L. no. 18/2020 (“Save Italy D.L.”) already converted by Law no. 27/2020, in order to help in the interpreter in an analysis of the various regulatory provisions that ....

29 June 2020 • Insights

Probationary period agreement: duration longer than that cited in NCA, admissibility and conditions

The Court of Cassation, with its ordinance no. 9789 of 26 May 2020, stated that the clause of the individual contract establishing a probationary period agreement longer than that established by the sector collective bargaining must be considered more unfavourable for the worker. Therefore, it must be replaced by law according to art. 2077, second ....

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