Comments and tools from De Luca & Partners’ experience
Categories: Practice
On 21 January 2021, the European Parliament adopted a resolution inviting the European Commission to suggest a Directive guaranteeing workers the right to disconnect from the information technology tools used to carry out their work. The Parliament attached to the Resolution specific recommendations outlining the Directive’s content. The Directive should be addressed to private or ....
Categories: Practice
In its message dated 2 March 2021, no. 895, INPS provided guidelines on expired residence permits, and clarified they can be extended until next 30 April, under art. 5 of Decree Law 14 January 2021, no. 2 which contained further urgent provisions on the containment and prevention of the COVID -19 epidemiological emergency. The institute ....
Categories: Publications
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 ....
Categories: Publications
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 ....
Categories: Publications
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 ....