Comments and tools from De Luca & Partners’ experience
Categories: Publications
On 3 June 2020 the National Labour Inspectorate (“INL”) issued note no. 160, providing explanations related to the amendments and additions made to Italian Decree Law no. 18 of 17 March 2020 (“Save Italy Decree”) converted in Italian Law no. 27 of 24 April 2020, by Italian Law Decree no. 34 of 20 May 2020 ....
Categories: Publications
On May 2020, the Decree Law no. 34 of 19 May 2020 was published in Official Gazette no. 128 containing “Urgent measures for healthcare, employment, the economy, and social policies related to COVID-19” (“Relaunch Decree”). The Relaunch Decree amends and supplements the Law converting the Save Italy Decree (Law 27, 24 April 2020), mainly for ....
Categories: Publications
De Luca & Partners, for the special Guida al Lavoro (Employment Guide), describes the legalities of remote or agile working, by tracing the regulations set down by Italian Law no. 81/17 examining in detail, inter alia, the right to disconnect, the requisites of the individual agreement required by the legislation in question, the employer’s control ....
Categories: Publications
As known, in our legal system the general principle of irreducibility of remuneration is applicable whereby the worker has the right to receive the remuneration agreed upon with the employer. In this regard, the Court of Turin, with the ruling no. 440 of 18 February 2015 had stated that “The principle of irreducibility of remuneration, ....
Categories: Practice
The new FAQ of the Italian Data Protection Authority (hereinafter, the “Authority”) were published on 6 May 2020 on its website, containing information on the correct processing of personal data strictly related to the spread of the new Covid-19 virus (“Coronavirus “), supplemented on the following 14 May. Recording of temperature With specific reference to ....
Categories: Practice
On 20 May 2020, the National Institute for Insurance against Occupational Accidents (INAIL) published Circular 22 which provided certain clarifications in relation to categorising the Covid-19 infection as an occupational illness. Reference regulatory framework Article 42, paragraph II of Decree-Law 18 of 17 March 2020, better known as the “Cura Italia Decree“, later converted into ....
Categories: Practice
The memorandum issued by the Public Prosecutor’s Office at Bergamo Court on 12 May 2020 will be examined here, as will the provision contained in Article 1.3 of the Lombardy Region Ordinance 547 of the following 17 May pertaining to body temperature measurement. Both instruments are concerned to provide clarifications and operational information in order ....
Categories: Case Law
On 6 April 2020, the Supreme Court of Cassation handed down judgment No. 7703 on the legitimacy of a dismissal for just cause based on irregularities found in the reimbursement of expenses declared by a worker, where those irregularities are formally disputed after one year had elapsed. Called upon to rule on the need to ....