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Insights, News

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…

Insights, News

Remote working and Data Protection (Top Legal Focus Privacy & Data Protection, February 2021 – Vittorio De Luca, Elena Cannone)

Under the Law No. 81 of 22 May 2017 on "Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and…

Insights, News

Social security cushions, system crisis certified by the virus (Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Alessandra Zilla)

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools,…

Insights, News

Processing data on Covid-19 vaccination status in the employment context: FAQ(s) from the Italian Data Protection Authority (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 23February 2021 – Vittorio De Luca, Martina De Angeli)

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable…

Insights, News

The testimony of family members is reliable (Il Quotidiano del lavoro of Il Sole 24 Ore, 12 February 2021 – Alberto De Luca, Antonella Iacobellis)

The debate on the reliability of family members' testimonies is recurrent, as they have a personal interest in the trial’s outcome.    The Supreme Court has returned to…

Insights, News

The Covid quarantine obligation does not justify employee absence (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 11 February 2021 – Alberto De Luca, Roberta Padula)

The Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to…

Insights, News

The minimum requirements of the right to disconnection proposed by the European Parliament (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 9 February 2021 – Vittorio De Luca, Alessandra Zilla)

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means - as specified by the…

Insights, News

The right to remote working and the assessment of task compatibility (Il Quotidiano del lavoro of Il Sole 24 Ore, 1 February 2021 – Alberto De Luca, Alessandra Zilla)

The Court of Rome, with its recent ruling no. 5961 of 21 January 2021, addresses the limits and conditions for the use of remote working. In the current…

Insights, News

Collective company agreement with no expiry date. Legitimate unilateral withdrawal if proven (Il Quotidiano del lavoro de Il Sole 24 Ore, 28 January 2021 – Enrico De Luca, Antonella Iacobellis)

The Court of Lamezia Terme, with the sentence of 14.01.2021, ruled that it is possible to unilaterally withdraw from a second level collective agreement with no expire date,…

Insights, News

Verbal assault and dismissal for just cause (Il Quotidiano del lavoro de Il Sole 24 Ore, 25 January 2021 – Enrico De Luca, Antonella Iacobellis)

The Supreme Court With ruling no. 553 of 2021 confirmed the legitimacy of the dismissal for just cause imposed on a worker who had uttered offensive and threatening…

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