Insights

With the recent decision no. 1170 of 17 June, the Court of Cassation has provided interesting clarifications on the fourth paragraph of Article 18 of Law no. 300/70 (so called “Statuto dei Lavoratori”), a provision which – as is well known – provides for the reinstatement of an employee unlawfully dismissed if the claimed fact ....

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 ....

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 ....

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 ....

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 ....