Insights

With note no. 1363 of 14 September 2021, the National Labour Inspectorate (“INL”) provided some clarifications concerning the amendments made by Decree Law no. 73/2021 ( “Decreto Sostegni bis“) to the regulation of the reasons for fixed-term contracts. New reason The “Decreto Sostegni bis“, as converted by Law no. 106/2021, supplemented the rules set out ....

The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee who has repeatedly surfed on unsafe sites for private purposes and put internal security at risk. Facts of the case The worker employed ....

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director’s waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention to waive the relevant right. However, the waiving act must be inferred not from the mere failure to request compensation, whatever the reasons, but from external ....

The Court of Cassation, with its ruling no. 24478 of 10 September 2021, declared the stability agreement attached to the agency contract null and void for evasion. The agreement required an excessively onerous penalty for breaches. This significantly affects and restricts the right of withdrawal of one of the parties. Facts of the case The ....

Decree-Law no. 127/2021 (the “Decree“) was published in the Official Gazette on 22 September 2021 and has been in force since 23 September. According to this Decree, from 15 October until the following 31 December, anyone carrying out any work, training or voluntary activity in the private sector is required to possess and submit, upon ....

The Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling is based on appeal lodged by a bank manager who (among other claims submitted) had challenged a signed non-competition agreement, considering it vitiated, since the payment was ....

On 4 August 2021, the Ministry of Ecological Transition and the Ministry of Infrastructure and Sustainable Mobility (the “MIMS“) approved the “Guidelines for drafting and implementing home-work commute plans” (the “Guidelines“) as a reference tool for the “Mobility manager“. As clarified by the Guidelines: “The objective (…) is to allow the structural and permanent reduction ....

Decree Law no. 105/2021 established that, as of 6 August 2021, the COVID-19 green certificate ( Green Pass) is mandatory to access a range of services/activities, including catering services provided by any establishment for consumption at the table indoors, gyms and cinemas, to participate in sports and cultural events and selection procedures. The Green Pass ....