Insights

With judgement of the Court of Cassation No. 1574 dated January 23 2018, the liability according to article 2049 of the Civil Code regarding accidents in the workplace has been confirmed to fall on the transferee company with consequent reimbursement of damages, given that it is the entity that undertook direction and control of the ....

On 29 December 2017 the so-called Whistleblowing law has entered into force and it has been published on the Official Gazette No. 179 dated 14 December 2017 after having been approved on 30 November. The law, which comprises only three articles, has the specific goal of introducing protection measures in our legislation, for employees (public ....

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....

 The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to the conclusions reached by the judge of first instance, had confirmed the unlawfulness of the dismissal ordered to an employee, who, by refusing to perform demoting tasks, ....

The Court of Cassation, with judgement No. 88 dated 4 January 2018, ruled that an employer’s decision to change working hours without consulting the trade union delegation but merely providing a notification cannot be deemed anti-union conduct if the employer implemented an agreement already reached between management and labour. In this case, Poste Italiane S.p.A. ....

The Ministry of Labour and Social Policies made available a “Voluntary Resignation“ app for resignations and consensual termination of the employment relationship. To access it, the concerned party must be a holder of the SPID, the Digital Identity Public System introduced on the Ministry’s service platform since last 19 May 2017. Authorized parties can use ....

The Data Protection Authority in charge of the protection of personal data, with order No. 479 dated 16 November 2017, deemed unlawful – and prohibited it – the processing of personal data of employees carried out by Poste Italiane S.p.A. through a system used for the management of the waiting times at the counter. In ....

The National Labour Inspectorate, with memorandum No. 290 dated 12 January 2018, published its opinion on the compatibility of training in an internship agreement with posting pursuant to article 30 of the Legislative Decree No. 276/2003. On this matter, the Labour Inspectorate does not see reasons against the possibility of making use of posting in ....