DLP Insights

By judgment No. 18168 of 26 June 2023, the Italian Court of Cassation once again addressed the issue of the limits of employer controls via the use of IT tools, establishing the unlawfulness of dismissal and the non-usability of evidence gathered following a check on an employee’s company e-mail carried out by the employer company ....

The Italian Court of Cassation in its very recent judgment No. 20239 of 14 July 2023 ruled on the issue of an employer’s withdrawal ad nutum that was given on the basis of a trial period agreement, which was declared null and void, stating that, where the dismissal does not fall under any of the ....

Last May, Directive 2023/970 of the European Parliament and of the Council was published in the Official Journal of the European Union. The Directive entered into force on 6 June 2023 and Member States will have to implement the provisions contained therein by 7 June 2026, failing which the infringement procedure may be started against ....

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the caseThe case arose from a disciplinary sanction of suspension from duty and pay for ten days imposed on ....

In its recent judgment of 21 March 2023, the Court of Forlì confirmed the lawfulness of a penalty clause in a letter of employment if the worker does not take up employment on the start date agreed upon by the parties, even when the employment is subject to a probationary period. The facts of the ....