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20JulReform of the Italian Labour MarketThe reform of the Italian labour market – known as Riforma Fornero from the name of the involved Ministry of Labour and Welfare – has been enacted as law no. 92 of June 28, 2012 (the “Law”) and is in force since July 18, 2012. The key elements of the Law are new rules on: (i) temporary employment agreements and other contractual arrangements aimed at avoiding abuses...
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11AprPermanent establishment: to be or not to be, that is the questionRecent case law Permanent establishment Applicable law Recent case law A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy. The DPL alleged that the airline had hired 650…
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31MarWhen is disciplinary code necessary?Legislation on disciplinary codes Case study: dismissal by employer without a disciplinary code Supreme Court decision Practical suggestions Legislation on disciplinary codes An employer’s power of direction over its employees is recognised in Article 2106 of the Civil Code and Article 7 of the Statue of Workers (Law 300/1970), providing substantial and procedural limits to…
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12MarServices contract: the client is not exempt from liabilities on health and safety of contractor’s employeesBackground Recent Supreme Court case law Conclusion Background According to Article 26 of Legislative Decree no. 81 of April 9, 2008, as amended by Legislative Decree no. 106 of August 3, 2009 (“Testo Unico sulla Sicurezza sul Lavoro”) the client is the main responsible for the safety of all the employees, including those of the…
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7MarEx post defensive monitoring of email and protection of employer’s assetsRemote and defensive monitoring The case of the dismissed bank employee Supreme Court decision on defensive monitoring Practical consequences Remote and defensive monitoring As described in our previous article (“Italy: Remote monitoring and defensive monitoring of employees in the internet age”, published in October 2010), Article 4 of Law 300/1970 – known as the Statute…
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6MarService contracts: criteria for ‘genuine’ contractsFocus on service contracts Recent Labor Court Decision and identification of genuine contracts Minister of Employment order Comment Focus on service contracts The increasingly common use of outsourcing has resulted in the Italian labour courts paying closer attention to the provisions of service contracts and, in particular, to the criteria for identifying such a contract…Article filed under: Labour and Employment
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8FebGroup of companies: recent supreme court decisionRecent case In Decision 25270, which was issued on November 29 2011, the Labour Section of the Supreme Court ruled on the status of parent companies in the employment relationships of their subsidiaries’ employees. The court stated that if a parent company effectively interferes itself in the management of such relationships, it is deemed to…Article filed under: Labour and Employment
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1DecLocalization systems are legal for vehicles used for employment activities – but on what conditions?Under Italian law, all forms of distance monitoring are prohibited by Article 4 of the Statute of Employees (Law 300/1970), as well as by Article 114 of the Privacy Code (Legislative Decree 196/2003), which expressly refers to the provision of the Statute of Employees. In particular, the law prohibits the use of distance monitoring systems…Article filed under: Labour and Employment
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23NovConstitutional court clarifies indemnity for invalid temporary employment agreementsTowards the end of 2010 Parliament approved a significant piece of legislation – Law 183/2010, known as the Collegato Lavoro – which affects several aspects of employment law, including the indemnity that an employer must pay when an individual is employed under an invalid temporary employment agreement. The previous provisions of labour legislation were not…Article filed under: Labour and Employment
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5AprDismissal for poor performance – recent supreme court decisionIn Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.Article filed under: Labour and Employment
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