Minimum duration clause in the agency relationship: consequences of the withdrawal ahead of time
The contractual clause is valid – freely signed by the parties as part of their negotiating autonomy and bearing the double signing of the agent – concerning the payment of a penalty in the event of early withdrawal and consequent violation of the so-called loyalty pact regarding the minimum duration of the relationship. …
Disciplinary assessment of criminally relevant non-work behaviour and just cause for dismissal
The Syracuse Labour Court confirmed the legitimacy of the dismissal for just cause of an employee for a serious fact constituting a crime committed outside the workplace. …
Dismissal of “controversial” top management is not a pretext
This was established by the Supreme Court with sentence no. 2256 of January 26, 2022. In the case examined, a top executive had sent an acrimonious email to the top managment. This was followed by immediate dismissal ordered for just cause. …
In the matter of heterodirection: mathematics is not an opinion
One of the areas where the jurisprudential debate is always alive and changing is the compatibility between the employment relationship and social position when these are headed by the same subject, who is therefor invested in both the subjective situation as an emplyee of the company and in that of a member of a corporate body. …
When Article 18 of the Workers’ Statute flies out the door and returns through the window
Jurisprudence – as we know – sometimes really has a certain sense of British humour in governing the interpretation of the law and consequently the economic fate of the labour market. Yet, the recent ruling of the Court of Ravenna of 12 January 2022, can only capture attention. …
Constitutional Reform: Environment and Animals
On 8 february 2022 the Parliament, on the basis of the rules that provide for the possibility of a constitutional revision without the need for a referendum, included among the constitutionally guaranteed rights the protection of the environment and animals. …
Mandatory Vaccinations
On January 5, 2022, the Council of Ministers approved the decree containin “Urgent meausures to deal with the Covid-19 emergency, in particular in the workplace and in schools”. …
Legal framework for remote working to be written
As has been said, the future (and present) of the world of work is a hybrid of the real world and the virtual world. The lockdowns were a tremendous opportunity for companies to experiment with new forms of work such as remote work. In reality, it was a mix of factors that escape any typed legal framework, and that have profundly innovated the ways of working. The Prime Ministerial Decree of 4 March 2020 established that agile work could also be applied to fixed-terms employement. …
Green pass: the distinctions and table of permitted activities
The Government has published new FAQs on its website to clarify which Green PAss types there are and the differences between them in Italy. …
Suspension of entrepreneurial activity in the event of serious violations of preventive regulations
The Nation Labour inspectorate, with circular letter no.4 of 9 December 2021, provided further operational indications of the institution of the suspension of entrepreneurial activity provided for by the new art. 14 of Legislative Decree no. 81/2008. …
