Publications

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video message was circulated by its Chairman of the Board of Directors, which invited staff to join a trade union and enter into a collective industry agreement.The fact ....

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts. At the time, this measure was considered revolutionary for the principles governing the existing protections. It intended to regulate the consequences of unlawful dismissal automatically and based ....

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 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 ....

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools, in terms of the financial resources allocated and also in terms of the type of and procedures for availing of social security cushions during employment. The Decree ....

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable law and emergency regulations. On 17 February 2021, the Italian Data Protection Authority (the “Authority”) published on its institutional website some FAQ(s) (“Frequently Asked Questions”) concerning the ....