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5 April 2023 • News, Insights

Wide-ranging whistleblowing protection (Italia Oggi Sette Affari Legali – 5 April 2023, Vittorio De Luca)

Protection also extends to shareholders, apprentices, the self-employed, and consultants. Wide-ranging whistleblowing protection. In addition to their current employees and collaborators, private sector companies must also provide protection to employed workers, apprentices, self-employed workers, freelancers and consultants, volunteers and trainees (including unpaid ones), shareholders, those exercising administrative, management, control, supervisory or representative functions (including if ....

5 April 2023 • News, Insights

Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 – Vittorio De Luca, Alessandra Zilla)

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination judgments, specifying that the allocation criteria do not follow the ordinary criteria of Article 2729 of the Italian Civil Code, but rather the special ones that establish ....

31 March 2023 • Insights, News

The use of homophobic expressions against a colleague constitutes just cause for dismissal

With Order No 7029, of 9 March 2023, the Italian Court of Cassation, reversing the conclusions reached by the Court of Appeal of Bologna, deemed legitimate since justified by a just cause the dismissal of a worker who, derisorily, had turned against a colleague telling her in dialectal form ‘but why did you get pregnant ....

31 March 2023 • News, Insights

Dismissal of employees for poor performance. What is “poor performance”? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a subjective justification for dismissal. Recently, the Court of Cassation, Labour Section, in judgment no. 1584 of 19 January ult., reiterated that, in order to legitimately dismiss an ....

31 March 2023 • Insights, News

Company email: the employer’s right of defence in court cannot limit the worker’s right to the protection of personal data

With an Order dated 11 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed on a company the payment of an administrative fine equal to EUR 5,000 for having kept active and read the contents of the email account of a collaborator. The facts During some ....

31 March 2023 • Insights, News

Italian Court of Cassation: when can an abuse of leaves under Italian Law 104/92 be recognized?

With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave under Article 33, paragraph 3 of Italian Law 604/92, carries out the assistance activity in times and ways such as to mainly satisfy the needs of seriously ....

31 March 2023 • Insights, News

Italian Court of Cassation: transfer of an illegitimate business branch, previous damages only with formal notice

With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian Court of Cassation), the Italian Supreme Court of Cassation ruled that the transferred employee, who sees the employment relationship with the transferor judicially restored, is not entitled ....

31 March 2023 • News, Insights

DID YOU KNOW THAT… the Italian Legislative Decree implementing the so-called Whistleblowing Directive results in new obligations for employers?

Italian Legislative Decree no. 24 of 10 March 2023 (the ‘Decree’), implementing Directive (EU) 2019/1937 and ‘on the protection of persons who report breaches of Union law and containing provisions concerning the protection of persons who report breaches of national regulatory provisions’ (so-called Whistleblowing Directive),has been published in the Italian Official Gazette no. 63 of ....

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