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30 October 2018 • Insights

Workers refusing to carry out duties not corresponding to their position is grounds for dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 Octobre 2018 – Alberto De Luca, Gabriele Scafati)

With a recent order (no. 24118 of 3 October 2018, the Court of Cassation has once again voiced its opinion on the lawfulness or unlawfulness of the refusal of a worker to comply with the employer’s request to perform lower rank duties than those to which he/she is entitled. The dispute started with the request ....

29 October 2018 • Insights

Working hours and lunch breaks for part time workers

With its judgement no. 21562 filed on 3 September 2018 (decision in camera on 13 March 2018), the Court of Cassation examined the issue of breaks at work (in the case in question, the lunch break), with specific attention paid to the case of a part time worker. The Facts An employee ....

29 October 2018 • Insights

DO YOU KNOW THAT… The new regulations governing fixed-term contracts will enter into full effect on 1 November?

The transition period ended on 31 October 2018. It allowed for alignment to the new regulations governing fixed-term contracts, as introduced with Decree Law 197/2018, (the “Dignity Decree”), which was then converted into Law 96/2018. In particular, the Dignity Decree had provided that the new provisions would be applicable to renewals and extensions after 31 ....

29 October 2018 • Insights

Verbal dismissal: appeal and time limit, a confirmation from the Court of Cassation

With its order 25561 of 12 October 2018, the Court of Cassation handed down its ruling on the time limits by which the dismissal of an individual announced verbally can be challenged. In fact, the concept according to which this type of dismissal is not subject to the 60-day time limit but the limitation period ....

29 October 2018 • Insights

The European Data Protection Board “dialogues” with the Italian Data Protection Authority with regard to the DPIA

Background Opinion 12/2018 adopted on 25 September 2018 by the European Data Protection Board or “EDPB”, has recently been made public. The EDPB is the body that is mainly in charge of ensuring a uniform and consistent application of EU Regulation 679/2016 on the protection of natural persons with regard to the processing of personal ....

29 October 2018 • Insights

Directors: waiver of remuneration must be specified in the contract

With its order 24139/2018, the Court of Cassation clarified that in order to render the office of a company’s director gratuitous rather than remunerated, a lack of requests for payment is not sufficient, as a specific clause indicating the gratuitous nature of the director’s services must be included in the contract or the company’s articles ....

29 October 2018 • Insights

First disapplication of the increasing protections after the Constitutional Court’s ruling

On 26 September 2018, the Constitutional Court announced in a press release that it had declared art. 3 of Legislative Decree 23/15 (“Provisions governing open term increasing protections employment contracts implementing Law no. 183, 10 December 2014”) constitutionally unlawful in the part that is not amended by Legislative Decree 87/2018 (the “Dignity Decree”), converted into ....

25 October 2018 • Insights

Privacy: the Decree of Alignment to the GDPR is now in effect (Il Giornale di Vicenza – Idea Impresa, 23 October 2018 – Vittorio De Luca, Gabriele Scafati)

On 19 September Legislative Decree No. 101/2018 entered into force (the “Decree”), laying down provisions to align the national regulatory framework to European Regulation 679/2016 on personal data protection (“GDPR”). The Decree gives the Data Protection Authority (the “Authority”) broad powers as well as significant duties, such as the review of some codes of professional ....

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