Comments and tools from De Luca & Partners’ experience
Categories: Practice
With a note of 16 October 2019, the Association of Supervisory Body Members as per Legislative Decree 231/2001 (the “Association”) asked the Italian Data Protection Authority (the “Authority”) for a meeting to discuss the issue of the subjective classification for privacy purposes of the Supervisory Body (the “OdV, Organismo di Vigilanza). The Association’s arguments The ....
Categories: Practice
With its note no. 160 of 3 June 2020 the National Labour Inspectorate provided some clarifications concerning the amendments made to Decree Law no. 34/2020 (“Relaunch D.L.”)to D.L. no. 18/2020 (“Save Italy D.L.”) already converted by Law no. 27/2020, in order to help in the interpreter in an analysis of the various regulatory provisions that ....
Categories: Case Law
The Court of Cassation, with its ordinance no. 9789 of 26 May 2020, stated that the clause of the individual contract establishing a probationary period agreement longer than that established by the sector collective bargaining must be considered more unfavourable for the worker. Therefore, it must be replaced by law according to art. 2077, second ....
Categories: Case Law
The Court of Cassation, with its ordinance no. 9790 of 26 May 2020, took the opportunity to return to express an opinion on the legal grounds of the non-competition clause as per art. 2125 of the Civil Code. The Court took the time to specifically analyse the purposes of the agreement, the limits to its ....
Categories: Case Law
The Court of Cassation, with its ordinance no. 10404 of 1 June 2020, in line with a consolidated orientation, expressed the principle based on which Inial’s recognition of an occupational injury or disease does not automatically lead to the employer’s liability for the damages suffered by the employee. Facts of the case An employer of ....