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8 August 2025 • Insights

Social media profiles and private chats of employees: What are the limits of using such data in disciplinary proceedings? The position of the Italian Data Protection Authority

In Provision No. 288 of May 21, 2025, the Italian Data Protection Authority fined an Italian company €420,000 for unlawful processing of an employee’s personal data later used to justify her dismissal. The case The employee filed a complaint against the company, alleging improper use of her personal data extracted from her “Facebook” profile, the ....

5 August 2025 • Insights, News

Challenging Dismissal and the Employee’s Natural Incapacity (Modulo 24 Contenzioso Lavoro, August 5, 2025 – Vittorio De Luca, Alessandra Zilla)

Analysis and Implications of Constitutional Court Ruling No. 111/2025, Which Also Introduces a New Factual Variable in Dismissal Litigation: the Employee’s Psycho-Physical Health Status With ruling No. 111/2025, filed on 18 July 2025, the Constitutional Court delivered a significant decision in labor law, declaring the partial constitutional illegitimacy of Article 6, first paragraph, of Law ....

31 July 2025 • News, Insights

Oral dismissal: who bears the burden of proof?

In its recent Judgment No. 2385 of June 5, 2025, the Court of first instance of Catania reaffirmed that, in cases challenging the validity of a dismissal allegedly communicated orally, the burden of proof lies with the employee, in accordance with the general principles set out in Article 2697 of the Italian Civil Code. The ....

31 July 2025 • Insights

DID YOU KNOW THAT… the simulation of a service contract is not sufficient to constitute a criminal offense without proof of tax evasion intent?

With Judgment No. 25167 of July 9, 2025, the Italian Supreme Court – Third Criminal Division – reiterated that, in order to establish the criminal offense of fraudulent tax return through the use of invoices for non-existent transactions (Article 2, Legislative Decree No. 74/2000), it is necessary to verify not only the awareness of the ....

31 July 2025 • Insights

AI in HR processes: the Ministry of Labour sets operational guidelines for the proper adoption of AI in the workplace

The use of Artificial Intelligence systems for company decision-making processes concerning employees – such as recruitment, task assignment, performance evaluation or disciplinary measures – is permitted only when adequate safeguards are in place. This is what is established by the Guidelines for the implementation of AI in the workplace, published by the Ministry of Labour ....

25 July 2025 • News, Insights

Recording workplace conversations: here’s what companies can do to curb the phenomenon (Agenda Digitale – 25 July 2025, Martina De Angeli)

The use of devices to record conversations in the workplace raises legal and privacy issues, with implications for security and workplace relations. The spread of technologies capable of recording conversations has forced companies to address a new and sensitive reality: how to manage and regulate the recording of workplace conversations, in compliance with legal requirements ....

22 July 2025 • Insights

Layoffs in small businesses: the Constitutional Court intervenes on compensation payments

On 21 July 2025, judgment no. 118/2025 was filed, in which the Constitutional Court declared the partial constitutional illegitimacy of Article 9, paragraph 1, of Legislative Decree no. 23/2015 (the so-called “Jobs Act”). The ruling introduces significant changes in the protection against unlawful dismissal for employees of employers who do not meet the employment requirements ....

11 July 2025 • News, Insights

The dismissal notice is valid even if the employee is not informed by their cohabitants (Newsletter Italian-French Chamber of Commerce – Vittorio De Luca, Silvia Zulato)

With Ordinance No. 15987 of 2025, the Italian Court of Cassation established that a dismissal notice is presumed to be known by the recipient at the moment it is delivered to their residential address, even if the employee is not actually informed. The case at hand concerns a dismissal imposed due to absolute and permanent ....

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