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14 September 2020 • Insights

Union representation: bill before the Chamber (Newsletter Norme & Tributi n. 144 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Bill C. 788 was submitted to the Chamber of Deputies in July 2018. Its aim is to define procedures to measure the actual representation of worker unions (“OOSS”) and identify parameters to measure employer organisation representation. The former is based on the average of membership and electoral figures. Membership is calculated by INPS from notices ....

31 August 2020 • Insights

Company Physician: Independent data controller

On 23 June 2020, the Italian Data Protection Authority (“Garante“) published the “2019 Annual Report” (the “Report“) listing activities carried out during the previous calendar year. With the publication of the Report, the Data Protection Authority has confirmed what had already been stated in the note ref. no. 7797, dated 27 February 2019, concerning the ....

31 August 2020 • Insights

Privacy Shield: European Data Protection Board (EDPB) publishes a FAQ document on Court of Justice of the European Union (CJEU) judgement (Schrems)

On 16 July 2020, the Court of Justice of the European Union (“CJEU” or “Court”) in its ruling “Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems C-311/18”, invalidated Decision no. 2016/1250 and the Agreement between the European Union and the United States of America on the protection and regulation of the European citizens’ personal ....

31 August 2020 • Insights

The employer can unilaterally interrupt the payment of meal vouchers

With order no. 16135 of 28 July 2020, The Court of Cassation stated that meal vouchers were not remunerative and that their issue may be unilaterally interrupted by the employer. The facts of the case The legal case originates from an appeal filed by a worker with the court to (i) declare the unilateral decision ....

31 August 2020 • Insights

“Mitigated” reinstatement protection if there is no objective reason for dismissal

The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the “mitigated” reinstatement protection (with employment re-establishment and compensation up to a maximum of 12 months’ salary) in cases with no underlying cause for dismissal for objective justified reasons. Facts The case in question originates ....

31 August 2020 • Insights

DID YOU KNOW THAT…The Prohibition of dismissal has been extended?

Decree Law no. 14 August 2020, no. 104 (the “August” Decree) which extends the Prohibition of dismissalperiod for individual and collective redundancies following a staff reduction, introduced by the “Cure Italy” Decree for 60 days and extended by the “Relaunch” Decree until 17 August 2020. The August Decree precluded collective and individual dismissals for objective ....

31 August 2020 • Insights

Legalisation useable by a foreigner with unconvertible permit to stay

The Ministry of the Interior together with the Ministry of Labour and Social Policies, issued circular no. 2399 of 24 July 2020 which provided additional indications on the procedure related to legalising employment as per article 103, Law Decree 34/2020 (Relaunch Decree). The circular examines a series of actual cases that required operating explanations and, ....

31 August 2020 • Insights

Unlawful company transfer and “double remuneration”

The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company sale, if such transfer is declared unlawful. The case law orientation on this issue has been in conflict for a long time. According to a recent ruling ....

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