Categories: Publications
Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....
Categories: Publications
With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. 2 of Leg. Decree no. 81/2015. The judge did not hold the employer’s explicit reference to art. 28 above, sufficient for removing precautionary protection for companies that ....
Categories: Practice
The Italian Data Protection Authority, last May 14 published a document on the Company Physician role regarding the implementation of vaccination plans for the activation of extraordinary anti-Covid-19 vaccination points, provided by the National Protocol signed on 6 April 2021. In this document, the Data Protection Authority clarifies that the tasks assigned to the Company ....
Categories: Practice
In its 15 April 2021 injunction order, the Italian Data Protection Authority fined a company operating in the manufacturing sector for failing to punctually and adequately inform the employees about the features of a computer system. In doing so, the company unlawfully processed workers’ data beyond the limits set by the authorisation of the local ....
Categories: Case Law
The Court of Cassation, in ruling no. 12932/2021, reiterated that the waiver of notice period by the employee and the related substitute allowance, formalised by a settlement agreement made after the notice of dismissal, does not affect the obligation to pay social security contributions to INPS. Facts of the case In this case, a bank, ....