Italian Court of Cassation: Defence checks on employee’s company e-mail
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…
Insights
Void trial period agreement and withdrawal ad nutum: no reinstatement, but mere indemnity protection
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…
Court of Turin: the right to Naspi in the case of resignation due to transfer
By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require…
Dismissal: the disciplinary code is not required for conduct that is manifestly contrary to workers’ duties
With the recent judgment No. 20284 of 14 July 2023, the Italian Court of Cassation ruled that, even though not specifically provided for in the disciplinary code, breaches…
DID YOU KNOW THAT… On 4 July, the Italian law converting the ‘Employment Decree’ came into force?
The ‘Employment Decree’ (Italian Decree Law No. 48/2023) was converted into Italian Law No. 85 of 3 July 2023, which introduced important innovations for employers. Below is an…
Fears over the future of work: the impact of artificial intelligence (Guida al Lavoro of Il Sole 24 Ore, 30 June 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)
1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal…
Disciplinary dismissal beyond the time limit provided for by the national collective bargaining agreement: weak indemnity protection for mere procedural flaw (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 10 July 2023 – Vittorio De Luca, Alessandra Zilla)
Failure to comply with the time limits laid down in the Italian national collective bargaining agreement for the notice of the letter of dismissal constitutes a procedural breach…
EU, the expert: ‘With the pay transparency directive, effects on employers’ disclosure obligations’ (Adnkronos, 5 July 2023 – Alberto De Luca)
With the publication in the Official Journal of the European Union of Directive 2023/970 which introduces new employee protections and new employer obligations on equal pay and transparency…
DID YOU KNOW THAT… New extensions on remote working have been approved?
By Law converting, with amendments, Decree-Law no. 48/2023 - (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ - which has…
Dismissal of employee for refusal to participate in training is fair (Newsletter Norme & Tributi no. 170 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)
By order No. 12241 of 9th May, the Labour Division of the Court of Cassation decided on the validity of disciplinary termination of an employee of an IT…