News & Insights

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Insights, News

Only the employer is entitled to install audiovisual systems (Newsletter Norme & Tributi n. 165 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual…

Insights, News

European Court rules that employee tracking through company car geolocator is lawful (Norme e Tributi Plus Diritto, 23 January 2023 – Alberto De Luca, Claudia Cerbone)

As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer…

Insights, News

More protection for whistleblowing (Album Speciale Lavoro de La Repubblica, 18 January 2023 – Vittorio De Luca)

The draft legislative decree to transpose the EU directive on whistleblowing has been approved. As the fight against corruption and the protection of whistleblowers progresses this year, those…

Insights, News

Carrying out unauthorised personal activities during working hours justifies dismissal even if the disciplinary code has not been displayed (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 10 January 2023 – Vittorio De Luca, Alessandra Zilla)

The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code…

Insights, News

Excessive morbidity, discriminatory and retaliatory dismissal where the protected period has not been exceeded (Norme e Tributi Plus Lavoro, 23 December 2022 – Enrico De Luca, Raffaele Di Vuolo)

In the event of repeated absences – which have not exceeded the limit of the protected period – the onus is on the employer to prove the additional…

Insights, News

Assisted negotiation extended to employment disputes (Mag de Legalcommunity, 21 December – Alberto De Luca, Luca Cairoli)

The Reform of the Civil Proceedings, (Italian Legislative Decree No 149 of 10 October 2022) will extend, with effect from 30 June 2023, the ‘assisted negotiation’ procedure to…

Insights, News

Business transfer: agreement with the Unions can derogate from statutory working conditions (Newsletter Norme & Tributi n. 164 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business - or parts thereof -…

Insights, News

Managers excluded from dismissal prohibition during pandemic (Guida al Lavoro of Il Sole 24 Ore – Alberto De Luca, Alessandra Zilla)

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat…

Insights, News

Assisted negotiation, labour settlements are no longer just carried out by trade unions or their equivalent (Norme & Tributi Plus Lavoro of Il Sole 24 Ore – Alberto De Luca, Luca Cairoli)

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected…

Insights, News

Court of Cassation: informing only the Unions of forced holidays is unlawful (Newsletter Norme & Tributi n. 163 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure…

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