Arbeitsrecht. Weltweit.

Autor Toffoletto De Luca Tamajo e Soci

19.10.2018
Freitag

Italy: buy-back clauses now part of the football player transfer system

Italy

From June 2018 the so-called ‘buy-back right’ (diritto di recompra) became part of the football player transfer market in Italy, after it was incorporated into the domestic organisational rules of the Italian Football Federation (NOIF). Buy-back rights are governed by Article 102 of the NOIF under which football clubs can include an option in a transfer agreement in favour of the selling club, giving it the right to buy back a transferred player’s sporting services definitively. Under Italian Law,...

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10.08.2018
Freitag

Italy: ‘Dignity Decree’ introduces new restrictions on fixed-term contracts

Italy
Newly enacted legislation in Italy limits fixed-term contracts, increases indemnities for unfair dismissal and addresses relocation of international business outside Italy. By enacting the so-called ‘Dignity Decree’, which entered into force on 14 July 2018, the newly elected Italian Government took significant steps to reverse changes to the law on fixed-term contracts, partially liberalised by its predecessors. The Decree has also increased the indemnities payable to employees in cases of unfair dismissal and introduced sanctions for companies that relocate or make employees redundant after having received state aid. The main legislative changes introduced by the Dignity Decree are set out below. Ganzen Artikel lesen

15.06.2018
Freitag
Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy – Facebook comments can be valid grounds for dismissal

Italy
Facebook is one of the essential communication tools of the digital era, but it can also be dangerous for employees who use it carelessly, as a recent Italian Supreme Court decision has confirmed. Ganzen Artikel lesen

01.06.2018
Freitag

Italy – employees can record conversations with colleagues to safeguard their rights

Italy
An employee can lawfully take recordings of colleagues, even without their consent, provided that he or she directly takes part in the conversation and the recording is aimed at safeguarding his or her rights. This article analyses a recent Italian Supreme Court ruling confirming this exception to Italian privacy law. Ganzen Artikel lesen

18.05.2018
Freitag
Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy – benefits for employees of innovative start-ups

Italy
In Italy, innovative start-up companies enjoy many benefits, including benefits for their employees. The only companies that can take advantage of these incentives are those that are defined as innovative start-up companies according to the terms of a piece of legislation enacted in 2012, and that are therefore registered in a special section of the register of companies. Ganzen Artikel lesen

11.05.2018
Freitag
Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy – how to dismiss an employee for poor performance

Sometimes there's no alternative but to dismiss an employee for poor performance. This article sets out the circumstances in which dismissal for poor performance can be effected under Italian employment law and it highlights some similarities and differences with other European jurisdictions. Ganzen Artikel lesen

27.04.2018
Freitag
Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy: Food delivery riders are not employees

Italy
On 11 April 2018 an Italian employment tribunal held that riders working for the food delivery app service Foodora were self-employed contractors and not employees. This article describes the background and reactions to the decision. Ganzen Artikel lesen

11.08.2017
Freitag
Ius Laboris Italy - Toffoletto De Luca Tamajo e Soci

Italy: New law on smart working

Italy
The Italian Law on Smart Working provides for increased flexibility to ensure a better work-life balance for employees, as well as increasing employers’ competitiveness. It defines ‘smart working’ as an agreement between the parties "with no precise constraints in terms of working hours or workplace and with the possible use of technology to enable the work to be performed. The work is carried out partly on the company’s premises and partly outside, without any fixed location – provided this is done in accordance with the law and collective agreements concerning the maximum daily and weekly working hours.” Ganzen Artikel lesen

16.06.2017
Freitag

Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Dresscode
Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts.  Ganzen Artikel lesen

24.03.2017
Freitag

The right to be forgotten – ECJ ruling on Italian data protection case

Italy
The European Court of Justice (ECJ) recently ruled on an Italian case in which the director of a company, a Mr Manni, had brought an action against the Lecce Chamber of Commerce. He had built a tourist complex in Italy, but argued that the properties had failed to sell because it was apparent from the companies register that he had been involved in a company that had gone bankrupt in 1992 and was wound up in 2005. He believed he had a ‘right to be forgotten’ in relation to the data held about that company in the companies register. The ECJ disagreed. Ganzen Artikel lesen