i) There is a Bill going through Parliament aimed at regulating self-employment, by providing several protections against disproportionate contractual clauses, intellectual property, maternity leave, health and safety at work and sick leave. ii) Parliament is currently debating the possibility to provide for a mandatory pre-emptive settlement procedure performed by lawyers, the so called “assisted negotiation”, […]
There is an interesting ongoing debate regarding a new flexible form of employment, the so called “smart working”, which gives employees the option to work outside the company and/or through use of smartphones and other devices and with no fixed working time in order to improve employees’ quality of life, also in light of the […]
By Ruling no. 2584 issued on 9 February 2016, the Court of Cassation has stated that, in the case of a Court claim filed for reasons that are clearly unfounded, the relevant Party shall be ordered to pay damages on top of the counterparty’s legal fees.
There is an ongoing discussion about the project-based contract (“contratto a progetto”) still in force. As of 1st January 2016 such contracts will be re-characterized into a subordinate employment relationship if the employer organizes and coordinates the collaborator’s work.
i) Exemption of 40% of the social security contributions for open-ended employees hired, starting from 1st January 2016 until 31st December 2016, for 2 years, up to EUR 3,250 per year per employee. ii) Starting from March 2016 resignation and mutual termination shall be filed via data transmission.
When an employee wins an unfair dismissal case, the decision whether to accept reinstatement or the alternative of damages in the amount of 15 months’ salary, shall be made by the employee within 30 days of the communication of the filing of the Court decision awarding reinstatement. (Court of Cassation ruling no. 203/2016).
In recent weeks there has been an ongoing important political discussion regarding the public sector, and the application of certain new labour laws to public sector (state) employees. On a separate note, the new law regarding the monitoring of the content of work devices at a distance, which was mentioned in last month’s update, is […]
Through communication no. 194/2015 (“the Communication”), the Italian social security body (“INPS”) has clarified the amendments made by Legislative Decrees no. 148/2015 and 150/2015, related to State funded unemployment benefits, called NASPI. The Communication explains the conditions required in order to apply for the NASPI, for certain kinds of employees such as seasonal employees, temporary […]
By Court Ruling no. 10955/2015, the Italian Court of Cassation has ruled that it is not unlawful for an employer to create a fake Facebook profile in order to uncover an employee’s negligence. In the case in question, the employer created a fake female Facebook profile and started chatting with an employee in charge of […]
In order for employers to exercise the new power related to monitoring employees at a distance, the employers must provide a specific company policy.