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4 August 2021 • News, Insights

Clock-on scam: plea bargaining has binding effect in civil dismissal proceedings (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 August 2021 – Alberto De Luca, Alessandra Zilla)

The Court of Cassation, in ruling no. 20560 published on 19 July 2021 confirmed the facts subject of a plea bargain in a criminal case must be established (with the effect of res judicata) to any pending civil proceedings concerning the same findings. The Supreme Court’s ruling stems from the lawful dismissal for misconduct by ....

29 July 2021 • News, Insights

Green pass to access the workplace is not conceivable in the absence of compulsory vaccination (Guida al Lavoro de Il Sole 24 Ore, n. 33/34 – Vittorio De Luca, Debhora Scarano)

In an internal letter of the director general sent by e-mail to the directors of the system’s local and sectoral associations, Confindustria expressed its favourable opinion on the Covid-19 green certificate (better known as green pass) to access workplaces. According to the position taken by Confindustria, the presentation of the green certificate should be part ....

27 July 2021 • Insights

Cookies and other tracking tools: the new Data Protection Authority Guidelines

On 10 June, the Italian Data Protection Authority approved the new ” Cookie Guidelines.”The term cookie refers to a small text file that a website (publisher or “first party”) can autonomously send to the user’s device (e.g. Smartphone, PC or Tablet) when viewing a web page or different sites or web servers (“third parties”). Usually, ....

27 July 2021 • Insights

Company cameras: images that can be used as evidence

The Court of Appeal of Venice, in ruling no. 476 of 28 June, 2021, ruled about remote control, considering video recordings of cameras on company premises to be entirely usable. Facts of the case A company (a gambling house) had used the images collected through a video surveillance system installed on the company’s premises to ....

27 July 2021 • Insights

Dismissal prohibition: dismissal of several executives is null and void

In a 2 July 2021 order, The Court of Milan ruled that, dismissals announced by the same company to six executives, in the same period and based on the same objective reasons, were part of the collective redundancies subject to the prohibition during the pandemic. The Court held that it was irrelevant that four of ....

27 July 2021 • Insights

Support Decree Bis has become law

Published in the Official Gazette no. 176 of 24 July 2021, Law no. 106 of 23 July 2021, (hereafter the “Conversion Law“), converting Decree-Law no. 73 of 25 May 2021containing “urgent measures related to the COVID-19 emergency, for businesses, work, young people, health and regional services” Support Decree-bis). The measure entered into force the day ....

27 July 2021 • Insights

DID YOU KNOW THAT… The agreement to extend, with amendments, the National Collective Labour Agreement – NCLA for Tertiary Sector Managers has been signed?

On 16 June 2021, Confcommercio Imprese per l’Italia and Manageritalia signed an agreement to extend the NCLA of 21 July 2016 until 31 December 2021. With the same agreement, the Social Partners have amended some Agreement provisions. The main changes include the maximum duration of the protected period, which is confirmed as 240 days in ....

27 July 2021 • News, Insights

Redundancy fund for the whole workforce takes precedence over sick pay but does not suspend the protected period (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 27 July 2021 – Alberto De Luca, Claudia Cerbone)

Although the redundancy fund for the workforce (or a department) takes precedence over sick pay, the protected period continues to apply. This means that the dismissal of an employee who exceeded the protected period in such circumstances is legitimate. In a 17 July 2021 order, the Court of Foggia ruled on the validity of a ....

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