Insights

On 21 January 2021, the European Parliament adopted a resolution inviting the European Commission to suggest a Directive guaranteeing workers the right to disconnect from the information technology tools used to carry out their work. The Parliament attached to the Resolution specific recommendations outlining the Directive’s content. The Directive should be addressed to private or ....

In its message dated 2 March 2021, no. 895, INPS provided guidelines on expired residence permits, and clarified they can be extended until next 30 April, under art. 5 of Decree Law 14 January 2021, no. 2 which contained further urgent provisions on the containment and prevention of the COVID -19 epidemiological emergency. The institute ....

Non-competition agreement – Agreement nullity – Remuneration – agreement onerousness – Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no.  5540 “Concerning the non-competition agreement entered into with an employee, the mere provision that the agreement is onerous excludes the extreme sanction of the agreement’s nullity may be applied if there is a financial imbalance ....

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break. This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March ....

According to Supreme Court n. 4056 of February 16, 2021: “the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the Judge if the relevant factual circumstances are duly acquired during the trial. For this reason, the exception of deduction of the aliunde perceptum is not subject to ....

Under order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect on application of clauses regarding pay even for companies that belong to non-signatory unions. In detail, a worker obtained an order for payment, part for failure to ....

Under the Law No. 81 of 22 May 2017 on “Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and times of subordinate work”, remote working has been recently regulated in the Italian legal regime for the first time.  This is a flexible style of working, regulated ....

The Court of Cassation, February 3, 2021, no. 2472 ruled that the non-pecuniary damage to professionalism must be traced back to the emerging damage and, as such, not concurrent with the formation of taxable employment income pursuant to art. 49, co. 1, TUIR. The subjection of the sums to tax and social security contributions must ....