Insights

On 2 November 2019, the Official Journal published Law no. 128 converting Decree Law. 101/2019 containing urgent provisions for the protection of employment and for the resolution of corporate crises (i.e., the “Business and Corporate Crises Decree“). The law confirms the classification of riders in the context of the partnerships referred to in Article. 2 ....

Decree Law no. 124 of 26 October 2019 on “Urgent provisions in tax matters and for time-critical needs” (so-called Tax Decree) has expanded the Decalogue of prerequisite crimes for the administrative liability of entities. In this case, “fraudulent declaration through the use of invoices or other documents for non-existent operations” (alias the offence of false ....

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was ....

The Court of Padua, under ruling no. 550 of July 16, 2019, addressed the issue of employment based on the concept of hetero-direction of work in the light of technological evolution, outlining the criteria for identifying the actual employer. Facts of the case The case in question originates from the appeal filed by four employees ....

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date unlawful, even if said contract is withdrawn from its trade association (in this specific case, Confindustria). Facts of the case The District Court had partially reformed the ....

On 7 October 2019, the European Council adopted the Directive on the “Protection of individuals who report breaches of EU law“ (known as whistleblowers), i.e. those within the territory of the European Union who report misconduct of which they have become aware in the workplace. Member States of the Union have two years from the ....

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated 12 September 1983. It specifically stated that the justified ground for exempting an employee who is ill from the obligation to be available for a home check-up ....

At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of employment and for the resolution of corporate crises (the so-called business and corporate crises decree). With specific reference to riders working with digital platforms, the application of ....