Welcome to the Studio Arlati Ghislandi Blog

Studio Arlati Ghislandi is a firm operating in the field of labour and tax law, providing multi-level services ranging from strategic and management consultation to the management of operational aspects, such as payroll processing, time management, and corporate accounting.

This blog aims at promoting discussion and interpreting the latest changes in the tax and labour laws through a modern, immediate and effective communication system.

Aug
29
2018
PUBLISHED BY Arlati Ghislandi
Leave according to Law 104 and extraordinary leave: s...
With message no. 3114 of 7 August 2018, INPS provided some clarifications on the use of leave provided for in the event of persons with a serious disability (pursuant to art. 33, paragraphs 3 and 6 of law no. 104/92) and of extraordinary leave (pursuant to art. 42, paragraph 5...
Aug
27
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Occasional work for stewards: online from 6 September
From 6 September 2018, pursuant to law no. 91/1981, sports companies will be able to manage occasional services for surveillance staff in stadiums using electronic methods. This was announced by INPS with Message no. 3193 of 24 August 2018, which provided an indication of the...
Aug
23
2018
PUBLISHED BY Arlati Ghislandi
TAG: PENSION
Print workers: INPS instructions on early retirement

With Circular no. 89 of 1 August 2018, INPS provided clarifications on the early retirement of employees of publishing companies and magazine printing companies, in the light of the amendments introduced by article 1, paragraph 154 of law no. 205 of 27 December 2017.

Aug
22
2018
PUBLISHED BY Arlati Ghislandi
TAG:
New occasional and operational services of the INPS p...

With notification of 21 Agosto 2018 published on the website, INPS announced the activation of the IT platform for occasional services that will gradually be implemented to ensure compliance with the regulations.

Aug
20
2018
PUBLISHED BY Arlati Ghislandi
TAG: , CONTRACT
Fixed-term work: it is legitimate to continue the rel...

With sentence no. 19860 of 26 July 2018, the Court of Cassation rejected a worker’s appeal aimed at transferring a fixed-term employment relationship into a relationship that continues beyond the agreed term.

Aug
10
2018
PUBLISHED BY Arlati Ghislandi
TAG: , DISMISSAL
Collective Dismissal – Clarifications on the criter...
With sentence no. 20464 of 2 August 2018, the Court of Cassation offered an interpretation of article 5 of Law no. 223 of 23 July 1991 with regard to collective dismissal. This interpretation highlights how the criteria for dependent family members should be evaluated in order...
Aug
09
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
GDPR: final approval of the harmonisation decree
In its press release of 8 August 2018, the Council of Ministers announced that it has definitely adopted the provisions for bringing the national legislation in line with the provisions of EU Regulation no. 2016/679 of 27 April 2016 (GDPR), on the protection of individuals wit...
Aug
09
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Unlawful registration with INARCASSA for marketing ad...
The Court of Cassation rejected the appeal filed by INARCASSA regarding a sentence pronounced by the Turin Court of Appeals, according to which the registration of a worker who, although in possession of a degree in nuclear engineering, carried out an advisory activity in the ...
Aug
08
2018
PUBLISHED BY Arlati Ghislandi
TAG: , CONTRACT
Conversion into Law of the “Dignity Decree”

At the Session of 7 August 2018, the Senate approved the draft law converting Legislative Decree no. 87 of 12 July 2018 (‘Dignity Decree’), which is currently being published in the Official Gazette.

Aug
01
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Italian Data Protection Authority – Planning of ins...

The Italian Data Protection Authority has released the programmatic lines for the inspection activity that, also due to the entry into force of Regulation no. 679 of 27 April 2016 (GDPR) on 25 May 2018, will be carried out during the current year

Jul
27
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Unenforceability of the protections foreseen for whis...

The protection laws foreseen for whistle-blowers cannot be applied when the person reporting an illicit act has ‘provoked’ the same, for this reason, they in turn become liable for unlawful conduct.

Jul
27
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Extension of the advance notice period only with spec...
The parties of an individual employment agreement have the right to establish an advance notice period that differs to the one foreseen in the collective labour agreement, on condition that said possibility is admitted by the regulations of the collective agreement and a speci...
Jul
27
2018
PUBLISHED BY Arlati Ghislandi
Dismissal selection criteria in the case of the ‘re...
When the expected work requirements of a tender are significantly reduced, making it necessary to dismiss perfectly fungible workers, the employer’s decision on which employees to dismiss is carried out according to very precise criteria, violation of which can determine...
Jul
26
2018
PUBLISHED BY Arlati Ghislandi
Reimbursement of expenses is not subject to the oblig...

INL has underlined that reimbursement of expenses anticipated by an employee on behalf of an employer (or client), for the purpose of carrying out their activities, are not subject to the obligation of traceability requirements in force from 1st July 2018

Jul
26
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Unemployment Allowance – The first operative indica...
ANPAL has published the operative indications by which workers can request an unemployment allowance when they are involved in a procedure aimed at implementing extraordinary wage subsidies, due to company reorganisation or crisis for which the complete reabsorption of the emp...
Jul
25
2018
PUBLISHED BY Arlati Ghislandi
TAG: , PENSION
Applicability of the principle of ‘sterilisation’...
The Constitutional Court declared that the principle of neutralisation of pension contributions (detrimental), paid following the maturation of the minimum contribution requirements in order to access pensions and, paradoxically, has the effect of reducing the amount of pensio...
Jul
24
2018
PUBLISHED BY Arlati Ghislandi
TAG: , sanctions
Penalties for failure to employ a disabled person - C...

In the event of a violation of the obligation to employ a disabled person or a person from a protected class, the sanctions are determined on the basis of the laws in force at the time the unlawful act was committed.

Jul
20
2018
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Awarding of maternity pay to a pregnant employee who ...
The Constitutional Court established that the pregnant employee had a right to claim maternity pay, even in the case the absence from work exceeded the 60-day period from the start of the absence from the workplace and the beginning of the maternity leave period, ascribable to...
Jul
16
2018
PUBLISHED BY Arlati Ghislandi
The new Dignity Decree regulations for fixed-term wor...

The Dignity Decree came into force on 14th July 2018, confirming – pending any further appropriate amendments – the legal framework for fixed-term workers contained in the previously circulated versions of the document published in the Gazzetta Ufficiale.

Jul
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Dismissal for ‘poor performance’

A recent ruling of the Supreme Court upheld the legitimacy of the dismissal of an employee, following the adoption of three disciplinary provisions, which were adopted due to the repeated negligence and intentional slow execution of the work by the appointed employee.

Jul
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , , ,
The new directive concerning the posting of workers w...
The European Parliament and the Council have adopted a new directive on the posting of workers to contrast, in a market that is undergoing a full-blown transformation, the social dumping phenomenon that alters the dynamics of the free competition between companies in the Europ...
Jul
09
2018
PUBLISHED BY Arlati Ghislandi
TAG: , MANAGER, LAYOFF
Dismissal of a manager is disciplinary when based on ...

The dismissal of a manger is considered ‘disciplinary’ when the unlawful conduct of an employee, in the broad sense of the word, is such, even only in part, to jeopardise the relationship of trust with the employer.

Jul
04
2018
PUBLISHED BY Arlati Ghislandi
TAG: , LAYOFF
Nullity of dismissal due to early dismissal before th...

In order to settle the dispute, the Supreme Court Appeals Section established the law principle, according to which the dismissal before the sick leave entitlement period expired was void.

Jul
03
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
When the employee exercises the Freedom of Communicat...
When an employee exercises the freedom of communication right during a disciplinary procedure, it falls outside of the obligation to represent the disputed facts from an objective perspective. As said evidence does not depend on the requirement of truth and relevance, it is ac...
Jun
27
2018
PUBLISHED BY Arlati Ghislandi
TAG: , DURC
New methods for the electronic verification of regula...
From 1 July 2018, INPS will make available the ‘VERA’, ‘DPA’ and ‘Banca Dati Appalti’ (Contracts Database) procedures that will allow verifying, respectively, the regularity of a company’s contributions, the legality of the use of the ...