Insights

On 10 March 2016, the Chamber of Deputies approved Bill No. A.C. 2953-A empowering Government to carry out a broad reform of civil proceedings, with a view to specializing and simplifying legal procedures, that among other things introduces changes also to the procedure to be followed in cases of unlawful dismissal. The Bill abrogates all ....

Remote working will be officially recognized by Italian law once the Bill conveying “Measures for protecting non-entrepreneurial self-employment and measures designed to facilitate flexible working in terms of hours and place of employment”, currently being examined by the Senate Labour Commission, has gone through Parliament. The Bill in question does not aim to introduce a ....

On 12 March 2016, the new procedure came into force governing online resignation and termination by agreement, introduced by the Jobs Act. However, there are certain critical aspects of the new procedure. Firstly, there is an initial doubt regarding the procedure’s application in the case of resignation during an employee’s trial period. On the one ....

With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers, and is only limited by the provisions governing the question of employee transfers. In the case in hand, the local Court of Appeal confirmed the court of ....

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This is a much-discussed issue, following the introduction of article 32 of Law No. 183/2010 (the so-called ‘Collegato Lavoro‘), both by law scholars and by case law. Even ....

With its judgments No. 1856 of 1 February 2016 and No. 1974 of 2 February 2016, the Court of Cassation has ruled on the existing distinction between agents and business procurers. In particular, the Court of Cassation has stated that the distinguishing features of an agency agreement are the continuity and stability of the activity ....

With its judgment No. 1350 of 26 January 2016, the Court of Cassation has held that a disciplinary sanction inflicted on an employee who, upon industrial unrest, had refused to substitute an absent colleague within a time frame outside normal working hours, regardless of an express obligation included in the trade-union agreement, is lawful. The ....

On 28 January 2016, the Council of Ministers passed, amongst others, the bill conveying measures for protecting non-entrepreneurial self-employment. The regulation at issue must follow the procedure to enact a bill, in order for it to enter into force. Such regulation was announced as the professional Self-employment’s statute, since it is the first unitary text ....