Refusal to transfer or dismissal: for the CJEU, the effective reasons behind the termination shall be taken into account
3 July 2026
The recent judgment released by the Court of Justice of the European Union (CJEU) dated June 4th, 2026 (Case C-907/24) addresses the relationship between dismissal resulting from the refusal of a transfer notice from the originally designated place of work and the rules governing collective dismissals, providing significant clarifications regarding their application. The issue stems from […]
Tax regime for “impatriate” workers: terms and conditions of the Italian regulation
28 April 2026
The tax benefits granted to “impatriate” workers represent a particularly significant incentive used by a large number of workers who choose to relocate to Italy. This article intends to analyse the national regulations, focusing on the main aspects of their application and the eligibility requirements set forth in the relevant legislation. Section 5 of Legislative […]European Court of Justice: Law applicable to employment contracts in the event of a change in the place of work
26 January 2026
In its judgment of 11th December 2025 (Case C-485/24), the European Court of Justice provided an interpretation of the Rome Convention on the law applicable to contractual obligations, with specific reference to transnational employment contracts. The issue arises from a dispute over the challenge to a transport company’s dismissal of a driver based in Luxembourg. […]Differences in contributions between European agricultural workers employed on a fixed-term and permanent basis, the Court of Justice of the European Union
23 December 2025
In its judgment dated May 8th, 2025, the Court of Justice of the EU ruled that a national provision allowing different treatment (without objective justification) between agricultural workers employed on a fixed-term basis and those employed on a permanent basis regarding their remuneration and social security contributions is contrary to European provisions (more specifically, clause […]Transnational work and social security: clarifications provided by the CJEU
23 October 2025
With the “Hakamp” judgment no. 203/24 of September 4th, 2025, the CJEU provided both quantitative and qualitative clarifications on the interpretation of European provisions identifying the social security legislation applicable in cases of transnational work performed by employees in two or more European countries. The case examined by the Court of Justice of EU originates […]Processing of employees’ personal data: the ECJ on company agreements that limit the scope of the protection granted by the GDPR
28 March 2025
The discretion granted to national law and collective agreements, pursuant to section 88, paragraph 1 of Regulation No. 679/2016, in determining “more specific rules” that ensure the protection of rights and freedoms with regard to the processing of employees’ personal data, does not prohibit the national judge hearing the case from carrying out a full […]International posting and residence permit: hosting Member States’ prerogatives according to the EU Court of Justice
4 February 2025
In its judgment in Case C-540/22, the Court of Justice of the European Union (CJEU) clarified that Article 56 of the Treaty on the Functioning of the European Union (TFEU), which governs the free movement of services, does not prevent a Member State from requiring to companies established in another Member State to comply with […]The Italian “contract of stay” for foreign workers
21 March 2024
When foreign workers access Italian soil to perform professional activities under subordinate employment relationships, the latter undertakes to individually execute a so-called “contract of stay” once they arrive in Italy, which allows them to stay in the country lawfully. Section 5-bis of Legislative Decree no. 286/1998 (i.e., the Italian consolidated act on immigration) was established […]Issues in choosing the governing law of a contract: the overriding mandatory provisions
3 August 2023
When concluding a contract that involves more than one jurisdiction because of the parties’ citizenships or the place of execution of the activities, they may choose the law that will govern their working agreement. Although there are no boundaries to the legislation to choose from, the terms and conditions of the agreement mustn’t collide with […]Formal requirements in employment contracts with transnational features
28 July 2023
A contract can only be considered valid and effective when specific requirements are duly fulfilled, including those relating to the form of the agreement. With particular reference to contracts regulating employment relationships with transnational features, things can get further complicated. Below is a brief examination of the most relevant aspects to be considered. In Italy, […]