Categories: Case Law
The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....
Categories: Do you know that
On 29 December 2022, Italian Decree Law No 198/2022 was published in the Italian Official Gazette. This is the so-called ‘Milleproroghe Decree’ which introduces ‘Urgent provisions regarding legislative deadlines’. Article 9 of the above-mentioned Decree governs the extension of deadlines for provisions on matters within the competence of the Ministry of Labour and Social Policy. ....
Categories: Publications
As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer based on the data from the geolocator of an employee’s company car is lawful and the collection and processing of the relevant data does not result in ....
Categories: Publications
The draft legislative decree to transpose the EU directive on whistleblowing has been approved. As the fight against corruption and the protection of whistleblowers progresses this year, those who decide to report wrongdoing, whether in the public or private sector, will be able to do so relying on greater protection. In early December, the government ....
Categories: Publications
The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code is not necessary for the validity of the disciplinary dismissal of an employee for performing personal activities during working hours, leaving his workstation without permission and using ....