The decree of the President of the Council of Ministers of December 21, 2021 on the programming of flows in 2021, with which the quotas of foreign workers who can enter Italy to work have been set, was registered by the Court of Auditors on December 27, 2021 and will be published in the Official Gazette on January 17, 2022. The Decree sets a maximum entry quota of 69,700 units, 42,000 of which are reserved for entry for seasonal work. In order to prevent forms of illicit int

The guarantors of business transactions are usually exposed to forced acceptance of all standard clauses of guarantee agreements, submitted for their acceptance by Italian banks and based on the model guarantee agreement drafted by ABI (the Italian Association of Banks) since 2003. Such standard clauses cannot be negotiated, i.e., “take it or leave it”. Such approach by the banks has been held to be contrary to competition rules, being considered as a global agreement reached

With Law Decree no. 229 of December 30, 2021 and n.1 of January 7, 2022, new measures have been adopted in Italy on the Green Pass, quarantines and vaccination requirements. Extension of use of the Enhanced Green Pass From January 10, 2022 until the end of the state of emergency, the use of the reinforced Green Pass is extended to the following activities: hotels and accommodation facilities; celebrations resulting from civil or religious ceremonies; festivals and fairs; con

The 2021 Flows Decree of December 21, 2021 was approved, which establishes the entry quotas for non-EU citizens who intend to invest or work in Italy. Its publication in the Italian Official Gazette is still pending. A maximum of 69,700 non-EU workers are allowed to enter in Italy for the year 2021, divided as follows: 42,000 seasonal employees in the agricultural and tourism sectors 27,700 non-seasonal employees, of which: 20,000 reserved for citizens of countries who have s

With the aim of attracting foreign investment flows, Spain has introduced an advantageous tax regime for those who want to invest in foreign markets (especially for those who want to invest in Latin America) through the establishment of a holding company called "Las Entidades de Tenencia de Valores Extranjeros ”(ETVE). ETVEs have as their corporate purpose the holding of shares or equity interests in other non-resident companies, and are exempt from taxation on income obtaine

On December 15, 2021 it was published in the Italian Official Gazette no. 297 the ministerial decree of 6 October 2021 by which the Italian Minister of Ecological Transition, the Minister of Economic Development and the Minister of Economy and Finance defined the implementing rules for requesting the tax credit for purchases made during the year 2020, of recycled products. The subsidy consists of a tax credit equal to 25% of the expenses incurred in 2020 for the purchases of

The implementing decree of the “Business voucher plan”, signed by the Italian Minister of Economic Development Giancarlo Giorgetti, provides for the allocation of 609 million euros for the digitization of the country. This is a strategy identified among the priorities of the PNRR which, after the incentives in favor of families and schools, is aimed at businesses. Depending on the type and amount of the voucher requested, it may vary from a minimum of 850,000 to a maximum of

The service of the Mevaluate Onlus Association consists in calculating a reputational rating of natural and legal persons with the aim of "making socio-economic relationships more efficient, transparent and safe". The rating is built through an algorithm starting from the collection of personal data from different sources carried out at the request of the interested parties. These data are collected from documents uploaded to the platform by the users themselves and other dat

The effectiveness of the prohibition of remote control of employees' activity requires that even for the so-called defensive controls, the guarantees set forth by Article 4, paragraph 2, of the Law No. 300 of May, 20, 1970 (i.e., the so-called Workers’ Chart) apply. It follows that if, for the need to avoid illegal activities or for organizational or production reasons, the employer can install control systems and equipment that also detect data relating to the work activitie

The Supreme Court stated that, in order to evaluate the employer’s decision to proceed with dismissal, the judge is not bound by the conduct typified in the applicable national collective bargaining agreement. As a matter of fact, safter having ascertained the existence of a lawful cause for the dismissal, the judge is required to concretely assess the fact and its proportionality with respect to the sanction imposed by the employer. In this regard, the Supreme Court has rule

The conversion law of the law decree 146/2021 modified the art. 14 of Legislative Decree n. 81/2008 introducing a new obligation for the client to communicate the start of an occasional collaboration activity to the territorially competent labor inspectorate by means of registered email or text message. Occasional collaboration is characterized by the exceptional and non-habitual work activity performed without subordination constraints in exchange for a fee. Failure or delay

The Italian Supreme Court, with the Ordinance no. 8120 of 23 March 2021, clarified that tax credits (for example personal income tax, VAT, irap, corporate income tax) are prescribed in 10 years pursuant to Article 2946 of the Italian Civil Code, unless the law provides otherwise (such as for social security credits pursuant to Article 3, paragraph 9 of Law 335/1995), there being no reduction in the ordinary limitation period for registration of the debts and issuance of the

Civil Court of Milan - specialised section International Protection recognition of special protection The judge recognised the issuance of a residence permit for special protection - pursuant to Art. 19.1 of Legislative Decree no. 286/98 and Art. 32, paragraph 3 of Legislative Decree no. 25/2008 - to a Gambian citizen, given his living conditions in Italy, indicative of a situation of solid social integration, such that his repatriation would result in a violation of his righ

In this case, the court of first instance upheld the request for formalisation of an asylum application by an asylum seeker in favour of her and her six children in the absence of original, translated and legalised birth certificates. In fact, one of the minors had never been registered at the registry office, while two of the minor children only had a copy of a German certificate, and one minor only had an unlegalised Bosnian certificate. The Questura requested a DNA test f

One month after the conclusion of the electronic procedure for the assignment of the incentives of the Isi 2020 call, Inail allocates a further 273.7 million euros to the companies that invest in prevention for the realization of level improvement projects health and safety in the workplace. With these additional resources, the total amount allocated by the Institute since 2010 rises to over 2.7 billion. Among the main innovations introduced there are three new types of inves

The Chamber of Commerce of Frosinone and Latina has prepared the Internationalization Call 2021, aimed at the SMEs of the two Italian Provinces to strengthen their ability to operate on international markets and / or to assist them in the development of existing markets; the vouchers provided have a maximum value of 15,000.00 euros. Funding requests can be submitted from 11:00 of December 15, 2021 and until 21:00 of April 12, 2022. STAY INFORMED! PMI REBOOT – Restart your Bu

Joint ventures could infringe the First Conduct Rule (1) (“FCR”) if they have the object or effect of harming competition. This could be the effect of an application of the Competition Ordinance (Cap. 619) ("CO") that has come into full operation on 14 December 2015. Joint ventures cover a wide spectrum of cooperative arrangements between undertakings. They come within the ambit of FCR as agreements. If European jurisprudence on Article 101(1) of the Treaty on the Function

The Italian Government is proposing certain amendments to the Italian Budget Law being currently discussed at Parliament level, in order to regulate both the procedure and possible sanctions for the transfer of Italian production undertakings abroad, whenever the relevant undertaking employs more than 250 employees (such new rules shall not apply to undertakings employing less than such threshold, indeed). The new regulation shall apply, in fact, when an undertaking with more

The EU Copyright Directive 2019/790 was implemented in Italy with Legislative Decree 177/2021 which makes several amendments to Law 633/1941 on copyright (LDA). The new rules come into effect from December 12, 2021. The purpose of this reform is on the one hand the modernization of copyright in consideration of the massive use of protected works online and on content sharing platforms: on the other hand, the strengthening of the rights of authors, artists and performers and.