The Italian “contract of stay” for foreign workers
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 […]
So-called “belated commissions” in agency relationships
Agency contracts are undoubtedly the most peculiar among self-employment relationships, as they require specific features that involve dedicated legal and collective regulation. Such complexity is, in fact, inferable from the provisions regarding the payment of the commissions accrued by agents. Among the benefits provided for agents, the commissions find their source in Italian regulations and […]The monetisation of leaves at the end of the employment relationship
It is contrary to European Union law to prohibit the payment of an allowance to an employee concerning leave days not taken at the time of termination of employment. In its decision of 18 January 2024, delivered in Case C-218/22, the European Court of Justice ruled that national provisions to contain public expenditure do not […]Remuneration during the annual leave
The remuneration to be paid to the employee during the annual leave must also include allowances linked to the performance of specific tasks; otherwise, employees would be induced to give up their rest period. The case examined by the Supreme Court arose from the judicial appeal filed by some workers who asked the Court to […]Mandatory recording of working hours in Italy and Europe
The amount of the monthly remuneration reported in each pay slip issued to employees is not always the same, given that these sums are made up of several elements, which may change from one reference period to the other, including – for various reasons – the number of hours worked. Especially when many employees are […]