Insights

Article 46 of the Cura Italia Decree, containing urgent measures to contrast the COVID 19 emergency states that “beginning from the date the degree goes into effect starting any proceedings as per articles 4, 5 and 24 of Italian Law no. 223 of 23 July 1991 is prohibited for 60 days and pending proceedings started ....

It would be improper to say that, at least until the Covid-19 emergency period is over, the employer is free to decide whether or not to adopt an agile working mode for his employees. This can be seen from the DCPM of 11 March, which provides for maximum use by companies of agile working arrangements ....

Among the measures that have come one after another in these weeks, this is the right time to make some remarks in light of the novelties introduced with Italian Legislative Decree no. 18/2020 “Cura Italia”, effective as of 17 March 2020. First of all, it should be noted that in terms of social safety nets, ....

With the DCPM of March 22, 2020 (“Decree”), the Government sanctioned, on the entire national territory, the “suspension of industrial or commercial production activities”, unless they are organized by means of distance or agile work. The companies concerned may complete the activities necessary for the suspension by March 25th , including the shipment of goods ....

The Court of Cassation, with ruling no. 2862 filed on 6/2/2020, declared that a single member of the Rappresentanza Sindacale Unitaria (RSU) calling the union meeting is a right by law. According to this court, the 2014 National Multi-Industry Agreement (Representation Consolidating Act) sanctions this right as inviolable. This right is a prerogative to assign ....

On March 17, 2020, the Italian Government has issued Law Decree no. 18\2020 (the “Decree”) concerning “measures to strengthen the national health service and provide economic support for families, workers and businesses related to the epidemiological emergency by COVID-19”. The Decree has extended to the entire national territory some extraordinary provisions concerning social security benefits, ....

On 14 March 2020, the Social Partners signed the Protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace. The Protocol contains the guidelines for the adoption by companies of security protocols in implementation of the provisions contained in the Prime Ministerial Decree of March 11, ....

The Italian Supreme Court has stated that the rules on employment apply to so-called riders. The issue of riders is affecting the courts at all latitudes of the world. In this regard, a decision has just been issued by the Superior Court of Madrid, which ruled that Spanish riders must be considered employees and therefore ....