Panel: “Breakout session one: Legal obligations in a borderless workplace” (Annual IBA Employment and Diversity Law Conference 2024, 10 Apr – 12 Apr 2024 – Vittorio De Luca)

The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions from work could not be qualified as a strike. The decision came after the rejection of the appeal filed by some employees against a disciplinary sanction imposed by a highway company following two days of unjustified absence. The Court ....

“The employer cannot access the employee’s or collaborator’s e-mail or use software to store a copy of the messages. Such processing of personal data not only constitutes a breach of the data protection laws but also amounts to an unlawful control activity over the employee”. This has been stated by the Italian Data Protection Authority, ....

In its decision no. 24595 of 13 September 2024, the Supreme Court ruled that the behaviour of a worker who comes to work with trade union flyers attached to his body is unlawful because it does not constitute a regular posting or proselytising activity.  The case at issue  The worker challenged in Court the conservative ....

In the absence of a provision on the minimum duration of the contractual probationary period, the employer is entitled to dismiss an executive for failing to pass the probationary period even after only a few weeks, despite the fact that the parties had agreed on a duration of six months. This principle was established by ....