According to case law references, the company that determines to cease its food delivery on the national territory, notifying riders the termination of such activity, even if subject to a collaboration contract, commits anti-union conduct. This is due to the qualification of riders as subordinate employees, which within this context involves the application of rules on collective layoffs for the shutting down of businesses by large companies and on mass dismissals. Italian Case Law Confirms the Subordinate Nature of the...Leggi tutto
The article below is an extract from Lexology’s interview with Angelo Zambelli on Remote Working in Italy for the Lexology GTDT: Market Intelligence 2023. The Guide provides a unique perspective on evolving legal and regulatory landscapes in major jurisdiction around the world. Italy: Remote Working 1 What are the most consequential issues that an employer should consider when determining its post-covid-19 remote work policies? Remote working, also defined under Italian law as ‘smart working’ or ‘agile work’, was conceived by the Italian...Leggi tutto
Opening a Business in Italy by Zambelli & Partners is a summary on the essential labour and employment law as well as corporate law requirements aimed to offer companies a first overview of the legal framework for opening a shop or running a business in Italy. 1. Introduction The Italian labour law system has traditionally been known to be quite rigid and complicated, granting employees relatively high standards of rights, which could somehow discourage foreign companies from expanding into Italy. But...Leggi tutto
The repeated use of temporary agency work contracts for traveling staff on cruise ships who do not respect the requirement of the temporary nature established by the EU Directive no. 2008/104 is unlawful. Temporary Agency Work: The Latest Ruling of the Italian Supreme Court in Light of the Jurisprudence of the European Court of Justice The decision of the Italian Court of Cassation (judgement of 1st August 2023, no. 23445) deals with the use of temporary work contracts (i.e. “contratto di...Leggi tutto
Angelo Zambelli is the author of the Eleventh Edition of Labour and Employment Compliance in Italy. The new book, focused on the relevant labour laws and regulations in Italy, is part of the International Encyclopaedia of Laws and is now avaiable online on Wolterskluwer.com. Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and...Leggi tutto
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