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Italian Constitutional Court: reinstatement even if the fact underlying the dismissal for an objective reason does not exist

In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional.…

Insights, News

DID YOU KNOW THAT… there are criminal penalties for unlawful contracting, secondment and staff supply work? 

Italian Decree-Law no. 19/2024 (converted by Italian Law no. 56/2024) increased penalties for unlawfully carrying out staff supply work, contracting and secondment by expanding the cases for which…

Insights, News

The conundrum of the most representative trade union organisations and identifying the applicable CCNL (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 25 July 2024 – Vittorio De Luca, Roberta Padula, Alessandro Ferrari)

In a judgment of 10 April 2024, the Court of Campobasso dealt with a topic that, in recent years, has assumed ever greater importance in our legal system,…

Insights, News

Company e-mail and metadata: the Italian Data Protection Authority updates the guideline document (Economy Magazine, July 1, 2024 – Vittorio De Luca, Martina De Angeli)

The Italian Data Protection Authority (‘IDPA’) recently returned to the issue of corporate email metadata retention by the employer. The order of 6 June 2024, entitled “Computer programs…

Insights, News

Employee dismissal for unjustified absence on a public holiday is unlawful (Newsletter Norme & Tributi n. 179 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

In judgment no. 8956 of 4 April 2024, the Italian Court of Cassation addressed the issue of whether dismissal of an employee for taking unjustified absence on a…

Insights, News

IA nel mercato del lavoro: guida per adeguarsi all’AI Act (Agenda Digitale, 27 giugno 2024 – Vittorio De Luca)

Negli ultimi anni, complici l’evoluzione tecnologica e la pervasiva informatizzazione del lavoro, le realtà produttive di tutto il mondo si sono trovate ad affrontare importanti cambiamenti, spesso in…

Insights, News

Revocation of dismissal: to reinstate the employment relationship, it is sufficient to send the notice of revocation within 15 days

With judgment no. 16630 of 14 June 2024, the Italian Court of Cassation ruled that to reinstate the employment relationship under Article 18, paragraph 10, of the Workers’…

Insights, News

Unlawful intermediation and labour exploitation: Model 231 becomes a company guarantee certificate

“Ethical codes, management and control models, and sustainability certifications are meaningless when, for the sake of achieving the highest profit at the lowest possible cost, a production system…

Insights, News

DID YOU KNOW THAT… The Italian National Labour Inspectorate (Ispettorato Nazionale del Lavoro, ‘INL’) has provided the first operational guidelines on the sanctions regime for unlawful staff supply work, contracting and secondment?

In note no. 1091/2024 of 18 June 2024, the INL provided the first operational guidelines on the changes introduced by Italian Decree-Law no. 19/2024 regarding the sanctions regime…

Insights, News

Italian Data Protection Authority (‘IDPA’): guidelines on the use of company email management programs and on so-called “metadata” retention have been updated following recent public consultation by the IDPA

With order no. 364 of 6 June 2024 called “Computer programs and services for the management of e-mail in the workplace and metadata processing”, the IDPA has returned…

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