Publications

Categories: Publications | Tag: accertamento ispettivo, obbligo contributivo, onere probatorio, pay contributions, inspection

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 ....

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Categories: Publications | Tag: fixed-term contracts, emergency legislation

The discipline of fixed-term employment relationships has undergone important amendments by the emergency legislation which has been the subject, and still is, of a wide debate by doctrine who did not spare themselves in identifying the countless critical profiles and contradictory. The contribution of the Vittorio De Luca and Antonella Iacobellis first offers an high-level ....

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Categories: Publications | Tag: de-contribution, ban on dismissals, Decreto ristori, Wages guarantee

An employment emergency measure package added to Italian Decree Law 137/2020 approved by the Council of Ministers on 28 October 2020, includes a brief extension of the emergency wages guarantee fund (both ordinary and derogatory) and wage integration fund (FIS) equal to six weeks that can be used from 16 November 2020 until 31 January ....

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Categories: Publications | Tag: Cassazione, ferie

Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with ....

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Categories: Publications | Tag: Covid-19, licenziamenti, appalto

Faced with the pandemic emergency in progress, the Legislator and the Government have introduced rules aimed at safeguarding jobs, allowing the use of wage supplements and imposing a ban on dismissal for justified objective reasons pursuant to Article 3 L. n. 604/1966 and collective dismissal pursuant to Law no. 223/1991, except for the following hypotheses: ....

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