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2 December 2019 • Insights

Subcontracting, the general indication of peaks of intense activity is insufficient (Il Quotidiano del Lavoro de Il Sole 24 Ore, 2 December 2019 – Vittorio De Luca, Antonella Iacobellis)

The Court of Appeal, by order no. 28285 dated 4 November 2019, (i) established that, in order to resort to labour-only subcontracting, it is necessary that the factual elements in respect of which the court has the possibility of verifying the effectiveness of the grounds must be specified, given that the mere reference to “peaks ....

2 December 2019 • Insights

EDPB: Preliminary version of Guidelines 3/2019 on video surveillance

On 6 September 2019, the European Data Protection Board (“EDPB“) completed its public consultation on the document containing the draft of the forthcoming Guidelines 3/2019 concerning video surveillance (“Guidelines 3/2019 on processing of personal data through video devices“). The images and audio tracks that are processed through the use of video surveillance systems, fall under ....

2 December 2019 • Insights

Replacements and shift work: the professional is not self-employed

The Court of Cassation, under order 23520 dated 20 September 2019, confirmed that the professional, when performing the service in a manner and time frame established by the management of the company, performing the same tasks as colleagues employed under an open-ended employment contract, is not a self-employed worker, but an employee. Facts of the ....

2 December 2019 • Insights

Illegality of the dismissal of the mandatorily employed worker

The Court of Cassation, under ruling no. 26029 dated 15 October 2019, clarified that, in the context of a collective procedure for reducing staff numbers, the dismissal of a mandatorily employed worker shall be considered unlawful if, at the time of the termination of the employment contract, the number of remaining mandatorily employed workers is ....

2 December 2019 • Insights

The employer must prove the national collective bargaining agreement that it considers applying

The Court of Cassation, under ruling no. 22367/2019, reiterated a well-established view that, although the choice of the type of applicable national collective bargaining agreement is a matter for the employer, the latter must express and prove its decision unequivocally. Facts of the case The case in question concerns the dismissal of a worker at ....

2 December 2019 • Insights

Tax decree: novelty in the field of procurement and administrative liability of entities

On 26 October 2019, Official Journal no. 252 published Legislative Decree 124/2019 containing “Urgent measures in the field of taxation and for non-deferrable requirements” (i.e., the Tax Decree). The Decree, which is linked to the 2020 Budget Law, contains, among other things, major innovations for customers in the field of procurement and in terms of ....

2 December 2019 • Insights

Did you know… that the business and corporate crises decree has been converted into law?

On 2 November 2019, the Official Journal published Law no. 128 converting Decree Law. 101/2019 containing urgent provisions for the protection of employment and for the resolution of corporate crises (i.e., the “Business and Corporate Crises Decree“). The law confirms the classification of riders in the context of the partnerships referred to in Article. 2 ....

30 November 2019 • Insights

The offence of false invoicing is included in the Decalogue of prerequisite offences (Newsletter Norme & Tributi n. 137 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Decree Law no. 124 of 26 October 2019 on “Urgent provisions in tax matters and for time-critical needs” (so-called Tax Decree) has expanded the Decalogue of prerequisite crimes for the administrative liability of entities. In this case, “fraudulent declaration through the use of invoices or other documents for non-existent operations” (alias the offence of false ....

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