Insights

The Supreme Court of Cassation, in its decision 1514/2021, published on 25 January 2021, referencing well-established principles, provides a clear overview of the production-related factors that justify dismissal for objective reasons, emphasising that once the objective reason for the work termination has been established, it is unnecessary to investigate its potentially retaliatory nature. The Court’s ....

The debate on the reliability of family members’ testimonies is recurrent, as they have a personal interest in the trial’s outcome.    The Supreme Court has returned to the subject with its ruling no. 2295 of 2 February 2021, stating that for testimonial evidence, a witness who has a family or marriage relationship with one ....

The Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to their (avoidable) choice to spend holidays abroad constituted just cause for dismissal. The Court’s ruling stems from an appeal brought by an employee who had been dismissed because, ....

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means – as specified by the Parliament – the “right of workers not to engage in work-related tasks or communications outside working hours by means of digital media, such as phone calls, emails ....

The Court of Rome, with its recent ruling no. 5961 of 21 January 2021, addresses the limits and conditions for the use of remote working. In the current emergency framework, access to remote working has been made flexible for the majority of workers. This included a significant reduction in the number of formal procedures. In ....

The Court of Lamezia Terme, with the sentence of 14.01.2021, ruled that it is possible to unilaterally withdraw from a second level collective agreement with no expire date, but the party that objects to this circumstance is burdened by providing the relevant proof. More specifically, the sentence states that, if the second level collective agreement ....

Alberto De Luca contributed to the drafting of the chapter dedicated to Italy in the “Labour & Employment” guide published by Lexology, illustrating the main legislative and jurisprudential news in a labour law manner and providing his point of view. Click here to read more.

On 10 December 2020, the Italian Data Protection Authority (“Guarantor“) launched a public consultation on the “Guidelines on the use of cookies and other tracking tools“ (the “Guidelines“) drafted on 26 October. The Guarantor follows indications provided by the European Data Protection Board (“EDPB“) in the “Guidelines 5/2020 on consent under Regulation (EU) 2016/679” of ....