DLP Insights

Categories: Publications

With judgment no. 7190 of 18 March 2024, the Italian Court of Cassation addressed the issue of the validity of a resignation submitted by an employee under threat of dismissal by the employer. The employee initiated legal proceedings to have his resignation declared null and, in the alternative, void and to obtain a finding that ....

Categories: Publications

The Italian Data Protection Authority (‘IDPA’), with a Ruling of 7 March 2024 [announced in the Newsletter of 3 May 2024] upheld a complaint filed by a worker who had asked her former employer company for access to her personal file to find out what information could have given rise to a disciplinary sanction against ....

Categories: Publications

By order no. 10663 of 19 April 2024, the Italian Court of Cassation stated that the employer bears the burden of proof in proving that remuneration has been properly paid. The facts of the case The worker filed an application for summary judgment to obtain an order against the company to pay the amount indicated ....

Categories: Publications

Conciliation agreements negotiated with the help of a union cannot be validly concluded at the company’s headquarters. This is because company headquarters do not fall within “protected locations” (sedi protette) which are neutral and guarantee, together with the assistance provided by the union representative, that the worker is free to make his or her own ....

Categories: Publications

The reference to “conciliation location” in Article 411 of the Italian Code of Civil Procedure does not permit company premises to be included among the protected locations (sedi protette), even if a union representative is present at the conciliation. By order no. 10065 of 15 April 2024, the Italian Court of Cassation affirmed that a ....