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An employee who does not inform the employer of irregularities performed by his colleagues is liable to dismissal, according to the Appeal Court.

By sentence n. 30558 of 22 November 2019 the Supreme Court, Labor Section, held that the conduct of the employee who does not notify the emplyer of irregularities brought about by his colleagues, integrates a just cause for dismissal due to violation of duties of care and loyalty obligation. So each worker in a company is liable to inform the employer of any irregularities. Closer analysis by Tonucci & Partners experts here in below.

20 December 2019

Conversion of 2020 Tax Decree into Law: news regarding the fiscal burden for building contracts.

The Parliament, with many modifications and additions, approved the text of the Code in first reading 2020 tax decree. The rules for the new system of withholding and compensation in contracts change, introduced to counter the illegal administration of labor and the failure to fulfill tax obligations by contractors and subcontractors of outsourced work. From 1 January 2020, the payment of withholding taxes will no longer be delegated to the client and must be carried out by the contractor or contractor and the subcontractor

18 December 2019

The Russian roulette clause is legitimate.

The inclusion of the so-called “Russian roulette” or “cowboy” clause within the statute of a Joint Stock Company or Limited Liability Company is allowed in cases of decisional deadlock.

29 November 2019

Commercial communications and the consent of data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the data subjects rights, with particular emphasis to the right to object to the processing.
This is what was established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

26 November 2019

Milan Court has recognized a U.S. class settlement.

The Court of Milan has recognized a New York District’s Court ruling validating a class action settlement and, consequently, has prevented the plaintiff, who had not exercised the opt-out right in the U.S. proceedings, to obtain the same compensation for damages settled in the U.S. court.

21 November 2019

2020 Tax Decree introduces an important new feature: in all cases of entrusting a work or service to

12 November 2019

“Business Crisis and Job Protection” Decree becomes Law and confirms “riders” protection.

The Decree for the Protection of Work and Corporate Crisis laying down urgent measures for the protection of work and the resolution of company crises has been converted into Law no. 128/19 which intervenes in the economic and regulatory protection of certain types of workers belonging to protected categories, “riders” and those performing socially useful or public service and precarious tasksIt also provides for measures to guide the treatment of digital workers towards the subordination model by impacting on the wider context of digital platforms using the coordinated collaboration model, and continued “organized”or use the system of self-employment, now widespread.

8 November 2019
    • Tonucci & Partners