The wide case law debate concerning the qualification of “riders” type of work
On March 26, 2019, following Government approval, Law Decree n. 22 outlining the transitory discipline in case of a Brexit-No-Deal entered into force, with the publishing in the Official Journal
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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On January 29, 2019, after the Government approval, the Law Decree introducing “citizenship income” and the so-called “Quota 100” retirement scheme entered into force, with the publishing in the Official Journal
Reforming its first instance ruling, Turin Court of Appeal has recognized that Foodora’s “riders” belong to the so-called “etero-orgnaizational” collaboration and shall be treated like employees
On September 26th, 2018, the Italian Constitutional Court declared the unlawfulness of Legislative Decree no. 23/2015 (better known as “Jobs Act”), in the part where it provides for the case of illegitimate dismissal of employees hired after March 7th 2018, an “increasing protection” system of penalties based only on the their specific length of service within the company.
In conclusion, in light of the most recent case law approach on the matter, the company that wishes to abolish a job position shall evaluate very well its structure before serving the dismissal, paying particular attention to the consequences for the case of the violation of the repêchage.
Italian Constitutional Court declared the unlawfulness of the “proportionate protection” system of penalties provided by the so-called “Jobs Act” for the case of illegitimate dismissal of employees hired after March 7th 2015.
Legislative Decree no. 101/2018 will enter into force on September 19, 2018 and is aimed to harmonize and coordinate the national privacy legislation (the so-called “Privacy Code”) to the new provisions of the “GDPR” concerning personal data protection and processing. The general part of the Italian Privacy Code has been almost entirely replaced by the provisions of the EU Regulation, so that rules on processing, information and prior consent of the data subject are repealed and replaced by the European ones
The so-called “Dignity Decree” has introduced important innovations concerning fixed-term employment contracts, supply of work and penalties in the event of illegitimate dismissal, as provided by the so-called Jobs Act (i.e., for open-ended contracts stipulated after March 2015.) These provisions respond to the Government purpose of fighting the issue of unstable employment