Labour: extended measures to contain COVID19
On 24 December 2021, Decree Law 221, entitled "Extension of the state of national emergency and further measures to contain the spread of the COVID-19 epidemic" (the "Decree"),…
Insights
Occasional self-employment: new prior reporting obligation
Law 17 December 2021, no. 215 converting Law Decree 21 October 2021, no. 146 in force since 21 December (known as "Fiscal Decree”), to counter evasion during occasional…
DID YOU KNOW THAT… The catalogue of predicate offences for the administrative liability of entities has been extended?
On 8 November, the national legislature approved two separate legislative decrees introducing new predicate offences to the list of administrative liability of entities under Legislative Decree no. 231/2001.…
It is unlawful to produce audio recordings made by third parties in Court (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 22 December 2021 – Alberto De Luca, Valentino Biasi)
In its ruling no. 2286 of 3 December 2021, the Court of Venice, Civil Section II, ruled on the legitimacy of an audio recording made by a third…
Employer controls, disciplinary measures and the right to confidentiality (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 20 December 2021 – Alberto De Luca, Martina De Angeli)
On 12 November 2021, in its ruling no. 33809, the Court of Cassation returned to the issue of employer controls using electronic tools, considering the principles and restrictions…
Hostile messages on social media: it is anti-union behaviour if the company doesn’t expressly condemn (Newsletter Norme & Tributi n. 155 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)
By an order of 11 August, the Court of Milan ruled that allowing a company’s official to disseminate hostile messages through the social networks against a union, its…
Riders: any relationship termination is subject to the rules on collective dismissals
In its ruling no. 376 of last 23 November, The Court of Florence declared the unilateral terminations made by a digital platform of home food deliveries (the "Company")…
Exceeding the protected period: the Company does not have to inform the employee
With its order no. 30478 of 28 October 2021, the Court of Cassation ruled that the employer is not obliged to warn the employee who cannot work about the…
Leave under Law 104: legitimate if there is a direct link between absence from work and assistance to a family member
With its order no. 28606/2021, the Court of Cassation returned to the issue of leave under Law no. 104/1992, stating that the requesting employee must guarantee continuous and…
Controls: company information found on former employee’s company PC can be used
With its ruling no. 33809 of 12 November 2021, the Court of Cassation stated that an employee who deletes or transfers company data outside is engaging in disciplinary…