Insights

The Italian Government with Legislative Decree No. 63/2018 (the “Decree“) implemented the EU Directive No. 2016/943 (the “Directive“) on the protection of the so-called “undisclosed know-how” and business information (trade secrets) against their unlawful acquisition, use and disclosure.   The Directive   The Directive falls in an economic-production context such as the current one, continuously ....

On 12 August 2018, the conversion law No. 96/2018 of Decree Law No. 87/2018 (the so-called Dignity Decree) came into force, which, among other things, reintroduced the crime of fraudulent staff-leasing with Article 38 bis of Legislative Decree No. 81/2015. Said offence – already provided for by the Biagi Law No. 276/2003 and then abrogated ....

The allocation of the burden of proof in appeals against verbal dismissal is once again in the spotlight. In fact, in judgment 3822 of 8 February 2019, the Court of Cassation reiterated, thus confirming its stance on the matter, that the burden is always on the employee to provide evidence (not always straightforward) of a ....

In judgment No. 436/2019 filed on 10 January 2019 the Court of Cassation confirmed that, based on the constitutional principle of freedom of private economic initiative (art. 41 of the Constitution), an entrepreneurial decision to eliminate a job position cannot be challenged. The Court passed the judgment in a case concerning a director of human ....

Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/01 is currently being examined by the Justice Committee of the Italian Senate. In particular, the DL provides that certain categories of organisation must have an organisation and management model (OMM231), and appoint a supervisory body (SB). This includes corporations ....

  The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian]. In the wake of Order no. 7016, issued by the Court of Bari on 11 October 2018, which applied the Constitutional Court’s ruling even before the grounds ....

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the records concerning them. The Court thus confirmed the full scope of the “right of access”, as governed by Article 7 of the Italian Privacy Code, which was ....

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time it takes them to put on work clothes at the business premises, only if it is demonstrated that workers are obliged to use company dressing rooms and ....