Insights

The Court of Vasto (judgement 116/2022), has ruled that non-compliance, by the employer, of the commitment to reopen negotiations for the renewal of the company’s supplementary agreement, in breach of the conciliation agreement signed with a trade union organisation, constitutes anti-union behaviour. According to the Court, the conduct violated the principles of fairness and good ....

The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction of 28 April 2022, imposed on a company in charge of managing the municipal waste collection service for the Municipality of Taranto (the “Municipality”), a € 200,000 fine for having entrusted processing personal data to a sub-processor without having requested and obtained specific ....

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2022 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

Human error is the data controller’s responsibility The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction imposed a € 50,000 fine on the National Institute for Insurance against Accidents at Work (“INAIL” or the “Institute”) after three computer incidents. These incidents allowed users to access data relating to others.INAIL, in its capacity ....

By decision 9/2022, the Court of Siena declared that the employer’s conduct prohibiting the centralisation of union leaves under the collective agreement (CCNL) predominantly or exclusively in favour of one or more members of a labour organisation is not anti-union if this causes intolerable absence from work. The Court ruled that freedom of association does ....

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period.   The case originated from the dismissal of an ....

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....

In ruling no. 315 of 12 April 2022, the Court of Appeal of Bologna stated that in the subordinate employment relationship, the time required to wear the company uniform is part of working time only if it is subject to the employer’s control. This may derive either from the “explicit” company regulations or, implicitly, from ....