The Court of Milan raises a question of difference in treatment before the European Court of Justice
The so-called “Growth Decree” which entered into force after the publication in the Official Journal on 14 July 2019 is primarily aimed at boosting economic growth through tax cuts – intervened with some significant innovations and incentives from an employment law perspective as well
The Supreme Court of Cassation recently confirmed the legislative principle according to which – in the context of a collective dismissal procedure – it is not possible to dismiss a percentage of female employees higher than the one existing in the area subject to the reorganisation
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.