Insights

Law 17 December 2021, no. 215 converting Law Decree 21 October 2021, no. 146 in force since 21 December (known as “Fiscal Decree”), to counter evasion during occasional self-employment, introduced an amendment to Legislative Decree no. 81/2008 providing for the obligation of prior reporting. The following is required: “To monitor activities of occasional self-employed workers ....

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, ....

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 ....

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 ....

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 ....

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 ....

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 ....

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 ....