Dual employment in the working relationship: its configurability and the joint responsibility of employers for the obligations arising from the relationship
The Court of Cassation, with sentence no. 3899/2019, has returned to rule on so-called dual employment, in a dispute concerning the appeal of a dismissal of a worker during a period of maternity leave, pursuant to art. 54 Legislative Decree no. 151/2001, specifying, first of all, that this phenomenon is independent of the existence of […]
Vademecum covid-19 (coronavirus)
Precautions that all employers must adoptResponsibility of the employer. The employer is responsible for the health and safety of workers, including in relation to any biological risk, in consideration of the general safety obligation provided for by art. 2087 c.c. and the more specific provisions of articles 266 and 267 of Legislative Decree 81/2008. Every […]
Attention to the appeal against dismissal via pec (certified electronic mail!
For the Court of Monza, the transmission via PEC of a scanned copy of the letter signed by the worker, not supported by digital signature, is not sufficient.The Judge of Labour of the Court of Monza, with a ruling on 29.01.2020, declared an appeal inadmissible and denied the worker the right to appeal the dismissal, […]
Redundancy fund in derogation to respond to the health emergency
The Law Decree was published on 2nd March, which is particularly important for commercial companies.Below is the text of paragraphs 1, 4 and 5 of art. 15 of Legislative Decree no. 9 of 02.03.2020, with which the redundancy fund was finally granted in order to face the coronavirus emergency.The aforementioned Legislative Decree was published in […]
Employers should not request or collect information related to flu symptoms
This was stated by the Privacy Guarantor in the press release of 2nd March 2020On 2nd March 2020, the Privacy Guarantor, accepting the invitation of the competent institutions to a necessary co-ordination of the Coronavirus measures on the national territory, requested all data controllers (including, therefore, employers) to comply scrupulously with the indications provided by […]
Which substantive and procedural terms remain suspended?
Substantive and procedural deadlinesParagraph 4 of Article 10 of DL 9/2020, establishes, in relation to the entire national territory, the suspension, from March 10 and until March 31 of the expiry of peremptory deadlines, legal and conventional, substantive and procedural, involving prescriptions and forfeiture of any right, action and exception, as well as the terms […]
Suspended payment terms
Which payments are suspended?Folders and payment notices (only for individuals and entities with residence, registered office or operational headquarters in the municipalities listed in Annex 1 of the Prime Ministerial Decree 1.3.2020)Art. 2 of DL 9/2020 suspends the terms of payments deriving from payment slips issued by the collection agents, as well as from the […]
Also postponement of employment cases
Provisions in articles 1 and 2 of decree law no. 11 of 2020In accordance with art. 1 of the D.L. 11/2020, harmonized with the D.P.C.M. 8 and 9 March 2020, until 31 March 2020, the hearings of the civil and criminal proceedings pending at all the judicial offices are suspended with the exceptions indicated in […]
The “Cura Italia” Decree
It was published in the Official Gazette of the Italian Republic the Decree Law “cura Italia”” 18/2020, introducing some extraordinary measures aimed at economic support for families, workers and businesses, as well as strengthening the national health service to address the COVID-19 epidemiological emergency.We refer to thetesto integrale del D.L. Cura Italia, integrated, at the […]
Regarding the competitive activity of exclusive sales agents
With sentence no. 30065 of 19.11.2019, the Court of Cassation reiterated its position on the subject of the exclusive duty of agents pursuant to art. 1743 of the Italian Civil Code, according to which the latter cannot take on the task of dealing in the same area and for the same branch of the business […]