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In its recent judgment No 5288 of 20 February 2023, the Italian Court of Cassation ruled that, with reference to the national collective bargaining agreement for employees in the tertiary sector (hereinafter the ‘CCNL’), the job retention period of 180 days, to be calculated in a calendar year starting from the first episode of illness, ....

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the subject of separate disciplinary proceedings cannot be used as a basis for dismissal on the grounds of poor performance. Poor performance consists in a breach by the ....

With Order of 23 January 2023, No 1965, the Italian Court of Cassation stated that, for the purposes of applying the collective dismissal procedure referred to in Italian Law 223/1991, the size requirement of at least 15 employees must refer to the company as a whole and not to the single production unit. The facts ....

On 24 January 2023, the Personal Data Protection Authority (the “Authority”) gave the first interpretative and operative indications on the processing by employers of employees’ personal data using automated decision-making or monitoring systems aimed at providing information (i) that is relevant for the recruitment or appointment; for the management or termination of the employment; for ....

All labor cases in Italy are under the jurisdiction of a dedicated specialized labor court. This court is characterized by high outstanding celerity (speed and effectiveness). The celerity of the labor trial is ensured by: a special judicial procedure dedicated to disputes concerning labor relations (including dismissals), anti-union conduct, and social security; orality of the procedure; broad ....