Categories: Publications
Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with ....
Categories: Publications
Faced with the pandemic emergency in progress, the Legislator and the Government have introduced rules aimed at safeguarding jobs, allowing the use of wage supplements and imposing a ban on dismissal for justified objective reasons pursuant to Article 3 L. n. 604/1966 and collective dismissal pursuant to Law no. 223/1991, except for the following hypotheses: ....
Categories: Publications
Under order no. 8265/2020, the Court of Cassation defined the representative requirements that a second-level company agreement must contain to be indisputable to third parties, including INPS (National Institute for Social Security). The order disallowed contribution reduction on performance bonuses based on a company agreement signed annually by the employer and a workers’ representative. Ruling ....
Categories: Legislation
The reform of transnational posting became officially effective as of 30 September 2020, following publication of the Italian Legislative Decree 122/2020 in the Official Gazette, implementing EU directive 2018/957, adding a series of amendments to the current legislation on the subject contained in Italian Legislative Decree 136/2016. First of all the scope of rules on ....
Categories: Publications
The Court of Cassation has ruled on the matter of the fictitious secondment (“posting”) of employees. Sanctions shall be imposed on any undertaking seconding (“posting”) its own employees by way of fictitious secondment (“posting”). The sanctions provided for under the Biagi Law as to a lawful and correct application of the secondment (“posting”) institution must ....
