HR Tip | APRIL 2026 – The transfer of an undertaking
15 April 2026
The transfer of a business unit is a key tool in corporate reorganization processes, particularly in contexts characterized by the need to improve efficiency, specialize, or outsource specific activities. The concept of a business unit requires the existence of an economically organized entity with functional autonomy, capable of continuing its operations even under the transferee. […]
The coexistence of part time employment relationships and self-employment works: the latest “joint” contracts
26 March 2026
The so-called “joint” contract was recently revised by Law No. 203/2024 (“Collegato Lavoro”, in Italian), allowing the same individual to hold both a part-time permanent employment relationship and a contract for self-employment with a single employer, provided that the employer has at least 250 employees and that the two activities are clearly and documentarily separate […]The harmonisation of Member States’ legislation on collective redundancies
19 March 2026
On June 19th, 2025, the Court of Justice of the European Union issued its judgment in Case C-419/24, providing clarification regarding the principal purpose of Directive 98/59/EC concerning collective redundancies. The Court reaffirmed that each Member State retains the authority to establish provisions that are more advantageous to workers. Directive 98/59/EC sets EU rules on […]HR Tip | MARCH 2026 – The regular meeting as per section 35, Consolidated Act for Occupational Safety
12 March 2026
In companies with more than fifteen employees, there is a meeting that, although it almost never ends up in the spotlight, represents one of the most important moments for the protection of health and safety at work: the periodic meeting required by Article 35 of Legislative Decree 81/2008. This is a mandatory meeting, which must […]Non-assignment of variable pay objectives and damage due to loss of opportunity
25 February 2026
According to the Supreme Court, to establish the right to obtain compensation for loss of opportunity due to the employer’s failure to assign individual objectives related to a bonus scheme, employees have the burden of proving that, if the objectives had been assigned, they would have been able to achieve them. The case arises from […]Employee participation in European companies: European Works Councils
19 February 2026
The European regulatory framework actively promotes employee participation in company life, acknowledging its importance towards constructive social dialogue and economic change. Over the years, a system of information and consultation rights for employees within companies operating at a European level has been developed, along with a framework of sanctions for employers’ conduct that hinders the […]HR Tip | FEBRUARY 2026 – The penalty system in the agency worker contract
12 February 2026
The provision of labor is a complex institution of labor law, characterized by the participation of three distinct parties: the worker, the temporary employment agency, and the user company. This case is structured through a dual contractual relationship: on the one hand, the commercial contract between the temporary employment agency and the user company; on […]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 […]