Categories: Case Law
The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law 223/1991, on failure to clarify the factual assumptions on the basis of which the employees to be dismissed were selected, was merely a matter of form. It ....
Categories: Practice
After approval issued by the Privacy Authority, businesses may install an “app” on the smartphones of their staff to record the start and end of the work shift. What are the regulatory principles of such remote supervisory tools which, while practical for corporate efficiency, may affect the right to employee’s privacy? The monitoring app may ....
Categories: Interviews
On 7 October 2016, Vittorio De Luca guest-starred in “Italy under Investigation”, the program presented by Emanuela Falcetti on Rai Radio 1 and he talked about the employer’s right to verify the truthfulness of workers’ claims of illness. Click here to listen to the interview.
Categories: Case Law
The Court of Busto Arsizio with judgement No. 264 dated 12 July 2016, stated that the law principle according to which a transfer of business pursuant to art. 2112 of the Italian civil code exists also when transferring, without moving materials or assets, personnel between the transferor and the transferee, even if the personnel is ....
Categories: Case Law
The Court of Cassation, with judgement No. 18302 dated 19 September 2016, stepped in to settle a dispute between the "Istituto Poligrafico e Zecca dello Stato" (State Mint and Polygraphic Institute) and the Privacy Authority. In the specific case, the Privacy Authority, by order dated 21 July 2011, prohibited the Institute to store and categorize ....