Categories: Case Law
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 ....
Categories: Case Law
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 ....
Categories: Legislation
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 ....
Categories: Legislation
Amongst the main new developments introduced by the Stability Law for 2016, the amendments made to article 51 of the Consolidated Tax Act (TUIR) are particularly important. In particular, the measures foresee a personal income tax (IRPEF) exemption for: (i) supplies and services (aimed at education, training, leisure, welfare services and health care, religion) which, ....
Categories: Publications
In the context of the Fornero labour proceeding, the exception to the statute of limitations to challenge a dismissal can be submitted even only during the objection phase and not in the previous challenge one.
Categories: Publications
With its judgment no. 1595 of 28 January 2016 the Labour Section of the Cassation Court, returned to ruleon the existence of just cause for dismissal of a employee who had..
Categories: Case Law
In its judgment No. 61496, handed down on 12 January 2016, the European Court of Human Rights considered the dismissal served on an employee who, during working hours, had sent messages to own relatives from the email account given to him for doing his work, thus infringing the internal rules prohibiting the use for private ....
Categories: Case Law
The long-awaited Decree of the Ministry of Labour and Social Policies of 15 December 2015 on the ways of communicating dismissals and any termination of the employment by mutual consent was published in Official Gazette No. 7 of 11 January 2016. The new procedure, as expressly provided for under article 26, paragraph 8, of Legislative ....