Employment and Social Security Archivi

According to the Italian Court of Cassazione, the Chairman of the board of directors of a corporation cannot be at the same time an employee of the same corporation

Commercial and Corporate Employment and Social Security Francesco Vitella Paola CarlottiAccording to the Italian Court of Cassazione, the Chairman of the board of directors of a corporation cannot be at the same time an employee of the same corporation

15 December 2021by Francesco Vitella and Paola Carlotti

On the subject of the coexistence of an employment relationship and a corporate office held by the same person, the Court of Cassazione has extended the principles developed in relation to the office of sole director to that of chairman of the board of directors of a corporation – in the specific case, of a cooperative – affirming the absolute incompatibility between the latter office and the employment relationship with the same corporation.

The Italian Court of Cassazione confirm the survival of the so-called “Defensive Controls” following the amendment of Article 4 of the Worker’s Statute

Employment and Social Security Enrico Del Guerra Stefano de GeorgioThe Italian Court of Cassazione confirm the survival of the so-called “Defensive Controls” following the amendment of Article 4 of the Worker’s Statute

24 November 2021by Enrico Del Guerra and Stefano de Georgio

The Court of Cassazione has confirmed the survival of the so-called “defensive controls” in the current regulatory framework, following the amendment of Article 4 of the Workers’ Statute on the subject of remote controls of working activity brought by Legislative Decree no. 151 of 2015 and Legislative Decree no. 185 of 2016.

Does the Covid-19 suspension of dismissals apply also to executives (“Dirigenti”)?

Employment and Social Security Enrico Banchero Francesca GuglielminoDoes the Covid-19 suspension of dismissals apply also to executives (“Dirigenti”)?

22 September 2021by Francesca Guglielmino and Enrico Banchero

By means of two opposite judgements (ruling of 26 February 2021 and judgement of 19 April 2021), the Court of Rome delivered its opinion on the possibility to extend to the executives’ professional category the so-called suspension of dismissals for objective reasons, introduced by Article 46 Law Decree 18/2020 (so-called Cura Italia).