HR Tip | JUNE 2025 – The transfer of employee
20 June 2025
Pursuant to Article 2103 of the Italian Civil Code, the transfer of an employee from one production unit to another within the same company is deemed lawful and legitimate only when it is supported by proven technical, organizational, or production-related needs. The decision to transfer an employee falls within the scope of the employer’s entrepreneurial […]
Issues related to in-house service company agreements.
19 December 2023
In-house service company agreements are unlawful if the contractor does not bear the economic risk and does not create an organisation enabling the achievement of a productive result. So-called in-house service contracts are those related to the assignment of activities to an external contractor that are strictly connected with the overall production cycle of the […]Service contracts. Case law draws the line between legality and unlawfulness.
1 June 2023
The recent judgment of the Italian Supreme Court. Criminal Section III (dated May 4th 2023, no. 18530) addressed the issue of service contracts – increasingly used by companies – marking the boundary between those defined as lawful operational tools and the unlawful supply of manpower. It shall be noted that labour contracting belongs to those […]Whistleblowing: implementation of the European Directive through Legislative Decree
27 March 2023
The Legislative Decree no. 24 of 10th March 2023, which will become effective on 30th March 2023 (the “WB Decree”), was published in the Official Gazette no. 63 on 15th March 2023 and it definitively implements Directive (EU) 2019/1937 on whistleblowing (“WB Directive”). The implementation of mandatory reporting channels will require evaluating numerous connected topics […]