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Remote control: data acquired cannot be used to prove the employee's contractual breach
The effectiveness of the prohibition of remote control of employees' activity requires that even for the so-called defensive controls,...
lifang60
Jan 10, 20221 min read


Disciplinary dismissal - Sanctions typified in the national collective bargaining agreement
The Supreme Court stated that, in order to evaluate the employer’s decision to proceed with dismissal, the judge is not bound by the...
lifang60
Jan 10, 20222 min read


The Italian Supreme Court clarifies the statute of limitations for taxes, penalties and interests
The Italian Supreme Court, with the Ordinance no. 8120 of 23 March 2021, clarified that tax credits (for example personal income tax,...
lifang60
Jan 7, 20221 min read


The termination of the employment relationship of the working shareholder
The Supreme Court has once again stated that the termination of the employment relationship of the working shareholder can result both...
lifang60
Dec 17, 20211 min read


The indictment of an employee in criminal proceedings and the disciplinary offense
By confirming the case law predominant position, the Supreme Court reaffirmed that in order to assess the lawfulness of a disciplinary...
lifang60
Dec 17, 20211 min read


Incentive resignation and right of priority in hiring
The Supreme Court recently stated that the so-called "incentivized" resignations, i.e., facilitated by monetary incentives, together with...
lifang60
Dec 17, 20211 min read


Italian Jurisprudence on immigration and citizenship (update Nov. 2021)
Tribunal of Genoa, decree of 9 November 2021 The Court annuls the Dublin Unit's decision to transfer to Romania an Afghan applicant and...
lifang60
Dec 17, 20213 min read


Italy: Court of Appeal of Bari, decree of 13.10.2021 on residence and two-parenthood
The case of a separated father whom the Court of Appeal of Bari - juvenile section authorised to stay in the national territory by...
lifang60
Dec 6, 20214 min read


Persecution on grounds of sexual orientation: no to stereotyped notions (Italian Cass. 30390/2021)
Persecution on grounds of sexual orientation and assessment of credibility: the Court reiterates that it does not rely on stereotyped...
lifang60
Dec 6, 20213 min read


Early termination of fixed-term employment contracts
According to the case law predominant position, neither dismissal for organizational economic reasons nor early termination for reasons...
lifang60
Dec 6, 20213 min read


Italian Jurisprudence on subsidiary protection and balance between social integration and danger
Regional Administrative Court for Veneto, judgment no. 1142 of 29 September 2021 The Regional Administrative Court for the Veneto,...
lifang60
Nov 19, 20213 min read


The reform on job security in Italy
Law Decree 146/2021 has profoundly innovated the Italian legislation on health and safety in the workplace, amending Legislative Decree...
lifang60
Nov 4, 20213 min read


Renewal of expired residence permit and prolonged absences from the Italian territory
The request for renewal of the residence permit must be submitted within 60 days of the expiry date. In case of non-compliance with this...
lifang60
Nov 4, 20212 min read


Italian Jurisprudence on immigration and humanitarian protection (update Oct. 2021)
Court of Cassation section III Civil No. 20749/2021 With judgment no. 628/2019, the Court of Appeal of Ancona had rejected, at the time...
lifang60
Nov 4, 20213 min read


Notice period waiver - indemnity in lieu of notice
With decision no. 27934 dated October 13, 2021, the Supreme Court stated that, in the event that the employer waives the notice period...
lifang60
Nov 4, 20212 min read


Italian Jurisprudence on immigration and humanitarian protection (update Sept. 2021)
Court of Rome, decree of 29 September 2021 Appeal against the Dublin Authority's decision accepted on the grounds that the six-month time...
lifang60
Oct 26, 20213 min read


Fixed-term employment contracts: max. duration and limits of use by collective bargaining agreements
The change introduced by Article 41 bis of the Legislative Decree 73/2021 (the so-called Sostegni - bis decree), as converted by law...
lifang60
Oct 26, 20212 min read


The liability of the employer deriving from the non-fulfillment of the training obligations
The Italian Supreme Court of Cassation, with decision no. 24417/2021, returns to address the delicate issue of the employer's liability...
lifang60
Oct 11, 20212 min read


Review of Italian jurisprudence on labour law
With decision dated September 10, 2021, the Supreme Court ruled that to determine the amount of the severance indemnity (known as a “TFR”...
lifang60
Oct 8, 20211 min read


Italian Government loan to Alitalia was illegal state aid, according to Eu Commission
Pursuant to a European Commission’s conclusion of September 2021, two Italian Government loans for a global amount of Euro 900 million,...
lifang60
Oct 8, 20213 min read
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