Insights

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified the minimum working conditions requirements. The first provision related to the probationary period maximum duration (Article 7), emphasises certain case law existing principles. The probationary period may ....

More comprehensive information. Reference to collective agreements is insufficient The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers detailed knowledge of the employment conditions and minimum guarantees of predictability in the conduct of the relationship. Referring to the sector’s collective agreement, which is the case ....

Diversity and inclusion represent one of the main challenges law firms have been called to fight globally, on one hand to promote the undisputable values they represent and, on the other hand, to properly bring into the work environment of the law industry one of the most important (if not the most fundamental) principles which ....

On 1 July 2022, the 29 April 2022 Decree of the Ministry of Equal Opportunities was published in the Official Gazette, providing the parameters for obtaining the gender equality certification under Article 1, paragraph 147, of Law 234/2021. This provision delegated the Government to establish (a) the minimum parameters to obtain the gender equality certification, ....

The Court of Justice of the European Union (hereafter: “Court of Justice”), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established in a Member State, who works for at least 45 minutes per day in an establishment located in another Member State, which coincides with the country of ....

Art. 2087 requires employers to take measures to prevent situations harmful to the worker’s physical health and personality based on experience, technology, and type of work. This “open” rule obliges the entrepreneur to adopt legal measures for specific and generic work risks based on common experience or necessary to ensure work safety considering the type ....

The Court of Cassation, III Criminal Section, in its ruling no. 16302/2022, held a logistics company liable for the administrative violation arising from the commission of the offence referred to in Art. 2 of Legislative Decree no. 74/2000 (“Fraudulent declaration by using invoices or other documents for inexistent transactions”), committed by its managers in its ....

In ruling no. 13063 of 26 April 2022, the Court of Cassation set out the principle of “the manager’s power (… ) to organise their holidays independently, even if accompanied by obligations provided for by collective bargaining to inform the employer of work planning and rest periods. This does not entail the loss of the ....