Reclassification of temporary self-employment: consequences for compensation
With order no. 17450 of 25 June 2024, the Italian Court of Cassation – confirming its previous position – ruled that in the event that an employment relationship…
Insights
DID YOU KNOW THAT…The repêchage obligation (obligation to relocate) also extends to fixed-term contracts?
Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis.…
Are Influencers commercial agents? (Mag Life Style, 1 August 2024 – Vittorio De Luca)
Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent…
Italian Data Protection Authority: no to attendance monitoring via facial recognition and no to monitoring workers’ activities
Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things…
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.…
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…
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,…
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…
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…
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…