Comments and tools from De Luca & Partners’ experience
Categories: Legislation
On 5 January 2022, the Council of Ministers, based on a proposal from the Prime Minister and Minister of Health, approved a law-decree that introduces “urgent measures for dealing with the COVID-19 emergency, in particular in workplaces, schools and institutes of higher learning”. The decree-law was published in the Official Gazette last 7 January and ....
Categories: Do you know that
With message no. 4027 of 18 November 2021, INPS published on its institutional website the following 19 November a clarification stating that the decree law no. 146 of 21 October 2021, fiscally linked to the 2022 Budget law, changed the regulations on protections envisaged during the Covid-19 healthcare emergency, inter alia, for quarantined workers. The ....
Categories: Case Law
The Court of Cassation with its order no. 1242 of 17 January 2022, ruled on the limitation, to a certain department, of the range of employees to dismiss for a collective procedure, setting out the requirements so that such limitation can be considered lawful. Facts of the case The event originated from a collective dismissal ....
Categories: Case Law
The Court of Asti, with the order of 5 January 2022, ruled that the quarantine period (as per art. 26, paragraph 1, Decree Law 18/2020 applicable ratione temporis) or voluntary homestay is not valid for calculating the protection period, not only vis-a-vis subjects who have had close contact with confirmed cases, but also regarding subjects ....
Categories: Publications
By Order no. 40409/2021 dated 28 October 2021, lodged on 16 December 2021, the Court of Cassation reconfirmed the general principle that as collective agreements governed by ordinary law are an expression of the negotiating autonomy of the parties to the agreement, they must be considered valid and effective only within the time period agreed ....
Categories: Practice
On 7 December, the social partners and the Ministry of Labour and Social Policies signed the “National Protocol on remote working” (the “Protocol“). As stated in the introduction, the protocol“establishes the reference framework for the definition of remote working by expressing guidelines for national, corporate and local collective bargaining in compliance with the legal framework ....
Categories: Case Law
With ruling no. 2629 of 10 November 2021, the Court of Milan considers that the dismissal prohibition introduced by the emergency legislation applies to executives. Facts of the case With an appeal under art. 414 of the Italian Code of Civil Procedure, an executive requested the Court of Milan to ascertain and declare the nullity ....
Categories: Legislation
On 24 December 2021, Decree Law 221, entitled “Extension of the state of national emergency and further measures to contain the spread of the COVID-19 epidemic” (the “Decree“), was published in the Official Gazette, effective from 25 December. Because of the health risk associated with the spread of COVID-19, the state of emergency declared by ....