Categories: Publications
In judgment no. 32412 of 22 November 2023, the Italian Court of Cassation dealt with the lawfulness of a dismissal by the formal employer of a worker employed under a sham outsourcing contract. A worker brought legal proceedings to obtain a declaration of the existence of an employment relationship with the principal company, and that, ....
Categories: On focus, Publications
On Wednesday 24 April 2024, MEPs adopted the text of the new Directive on the working conditions of platform workers. As can be learned from the press release published on the Parliament’s institutional website, the Directive “aim[s] to ensure that platform workers have their employment status classified correctly and to correct bogus self-employment”by introducing “a ....
Categories: Publications
On April 11, Vittorio De Luca will attend as a panelist at the Annual IBA Employment and Diversity Law Conference 2024 during the panel entitled: “Panel: Breakout session one: Legal obligations in a borderless workplace”.A) for the Annual IBA Employment and Diversity Law Conference 2024. FOCUS The rise of digital nomads, satellite employees and Employers ....
Categories: Publications
With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment on the Italian legislation on the calculation of absences from work caused by disabling diseases in the protected period (periodo di comporto). The question posed to the European Court of Justice can be summarised as ....
Categories: Publications
With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where the worker is constantly working extra hours and overtime. The employee brought a legal case to obtain the ascertainment of the conversion of the employment relationship to ....
Categories: Publications
From 1 October 2024, businesses and self-employed workers operating on temporary or mobile construction sites, as defined by the Consolidated Safety Act (specifically, Article 89, paragraph 1, letter a), of Italian Legislative Decree no. 81/2008), are required to have a licence, in digital format, issued by the competent local office of the Italian National Labour ....
Categories: Publications
In a context where technology is advancing rapidly, Artificial Intelligence (AI) is revolutionising the global work landscape, driving profound changes and opening up horizons that were previously unimaginable. The law is therefore called, once again, to regulate new scenarios that do not conform to traditional legal paradigms. The first step in this direction comes from ....
Categories: Publications
By Order no. 1476 of 15 January 2024, the Italian Court of Cassation has once again ruled on the seriousness of the facts alleged against an employee as the reason underlying the dismissal for just cause under Article 2119 of the Italian Civil Code. At the end of the three instances of proceedings, the Italian ....