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5 January 2022 • Insights

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. These are: Legislative Decree no. 184, which transposed European Directive no. 2019/713 “on combating fraud and counterfeiting of non-cash means of payment” and Legislative Decree no. 195, ....

22 December 2021 • News, Insights

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 party during a court case. Two of the three defendants in their proceedings against the same employer, had produced an audio recording of a work meeting held ....

20 December 2021 • News, Insights

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 applicable to personal data protection. The Supreme Court confirmed that an employee’s PC data are company assets. Therefore, an employer can acquire and use the data for ....

30 November 2021 • News, Insights

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 representatives and its actions is anti-union behaviour. The Court also found that the Company had encouraged its employees to join another union, by adding a link to ....

29 November 2021 • Insights

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“) from the relationships in place with individual workers (“riders“) ineffective, following a failure to adhere to the National Collective Labour Agreement (the “NCLA“) signed by Assodelivery, the ....

29 November 2021 • Insights

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 imminent achievement of the maximum relationship protected period, nor to suggest alternative means to the absence due to illness (holidays, leave of absence). Facts of the case ....

29 November 2021 • Insights

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 global assistance to the disabled family member, although they may devote a limited time to their personal needs during the leave. If the causal link between the ....

29 November 2021 • Insights

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 conduct and a civil and criminal offence. The employer may legitimately acquire and produce the private correspondence found after the Company’s personal computer is returned and present ....

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