In order to fight abuses against employees and money laundering – an offense detailed in article 25 octies of Legislative Decree No. 231/01 – article 1, paragraph 911 of the Law 205/17 imposes a prohibition on employers and private clients, effective from 1/07/18, to pay remunerations and wages by cash directly to the employee, regardless of the type of relationship established with the employee. In fact, in paragraph 912 it is specified that an employment relationship must be understood as any type of subordinate employment, regardless of the manner in which the service is provided and its related duration, as well as any employment relationship originated from coordinated and continuous cooperation agreements and from employment agreements established in any form by cooperatives with their members. Violation of this provision results in an administrative fine against the employer/client ranging from EUR 1,000 to EUR 5,000. This is a prohibition that, following the requirements of the law, would be independent of the amount paid, thus contradicting the provisions of the legislation on money laundering, which limits, instead, the issuance of cash for amounts exceeding EUR 3,000. Therefore, it would be appropriate to integrate into the Organizational Models operational regulations that prevent the violation of the law in question.

With judgment no. 6047 of 13 March 2018 the Court of Cassation has dealt again with the issue of dismissals imposed during sick leaves, stressing that it is important for a worker to do all that he/she possibly can to put all of his/her efforts at the service of the employer in observance of the contractual obligations assumed. In particular, the Court of Cassation dealt with a case that involved a worker who had been on sick leave due to lower back pain and who had appeared in public as a concert player standing on his feet and playing accordion. The employee had been dismissed due to violation of the obligations of fairness and good faith, and of diligence and loyalty, because with his conduct he had endangered, aggravated and/or delayed remission and consequently resumption of his work activity. Called to decide on the issue by a petition filed by the employer, the Court of Cassation, consistently with its consolidated case law, observed that for a dismissal to be justified the imprudent behaviour of the worker is per se sufficient, who, with his behaviour, can hypothetically jeopardize a timely resumption of work

Read here the original version of this article published on Il Quotidiano del Lavoro.

The subject covered by the professor’s contribution was “Sources of law and employment contracts”. The first part concerned the main sources of labour law (from national and international sources to customary practice) with a special focus on the collective bargaining negotiations and the Workers’ Statute.

The second part of the session was dedicated to the essential elements of personal employment contracts and on certain incidental – not essential – provisions, such as for instance the probation period, the stability pact and the non-compete clause.
Last, the session revolved around the elements that characterize progressive entitlement employment contracts, as referred to in Legislative Decree no. 23/.Antonella Iacobellis took part in a teaching session held last 28 March on the Labour Law module of the 28th Edition of the Master in “Law and Business” (Rome) organized by Il Sole 24 ORE Business School expanding on the sources of law and employment contracts.

The European General Data Protection Regulation (“GDPR”), that will have effect from next May 25, introduced the Data Protection Officer (“DPO”) who shall have the task to monitor the compliance with the European regulation and with data protection provisions as well as with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits.

What is new for companies after the European regulation on privacy entered into force: this is the topic of Vittorio De Luca’s speech on occasion of the upcoming conference “Privacy and Companies: Whistleblowing and employees monitoring in light of the new regulation” organized by AIDP and to be held on 28 March 2018.

“Privacy and companies: Whistleblowing and employees monitoring in light of the new regulation”
At the Salone Valente of the Court of Milan, on occasion of the convention organized by AIDP, on 28 March, 2018, has been discussed, among other topics, the effects and consequences that the new European Regulation will have on whistleblowing and on the remote monitoring of employees in the corporate environment: a discussion which also included the remarks of speakers from the private and public business environments.

The entry into force of the European Regulation on personal data protection: what will change for companies
In his speech, Vittorio De Luca highlighted the main news introduced by the new European regulation on the matter of privacy, pointing out how, beyond the specific rules, the regulation is bringing forth an actual cultural change on privacy.
Specifically, the concept of accountability, similarly to the new approach based on risk, represents the most significant facet of the cultural change introduced by the regulation.
An additional innovative aspect, of great importance, brought to the attention of the attending audience by Vittorio De Luca, is the territorial application of the regulation: in fact, said regulation in addition to establishing a uniform rule for all the EU Member States, includes also cases where the new rules must be respected even outside the European Union.
In addition to these two categories of change (the “cultural” one and the “territorial” one) there is the one related to the new aspects introduced or redesigned: the DPO (Data Protection Officer), the concept of shared liability, the procedure to follow in the case of data breach, the preparation and the holding of the data processing register, the right to be forgotten and to data portability, the preliminary examination, the external data processor and the PIA.

Click here to learn more.