The right of defence may override the right to data protection
“The use of personal data is not subject to the obligation to inform and obtain the prior consent of the data controller when personal data are collected and…
News
Short-term personal activities such as shopping do not constitute an abuse of law 104/94 (Norme & Tributi Plus Lavoro of Il Sole 24 Ore, 16 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)
The Court of Cassation, in its decision no. 24130 of 9 September 2024, provided important clarifications regarding the use of work permits under Law no. 104 of 1992,…
Right of criticism and disciplinary sanctions
“By including the role of workers’ safety representative (i.e. “RLS”) in the area of protected subjects such as trade unionists as representatives of collective interests, the expression of…
Stock Option, The Court of Appeal of Milan rules on the calculation of remuneration (Norme & Tributi Plus Lavoro Il Sole 24 Ore, 9 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)
The Court of Appeal of Milan, in its judgment no. 470/2024, again addressed the issue of whether the income from the sale of stock options may be included…
Accident at work: employer’s liability is not limited by appointment of a supervisor
In relation to accidents at work, the appointment of a supervisor is not sufficient to avoid the employer’s conviction. This was established by the Italian Court of Cassation,…
Reclassification of temporary self-employment: consequences for compensation
With order no. 17450 of 25 June 2024, the Italian Court of Cassation – confirming its previous position – ruled that in the event that an employment relationship…
DID YOU KNOW THAT…The repêchage obligation (obligation to relocate) also extends to fixed-term contracts?
Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis.…
Are Influencers commercial agents? (Mag Life Style, 1 August 2024 – Vittorio De Luca)
Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent…
Italian Data Protection Authority: no to attendance monitoring via facial recognition and no to monitoring workers’ activities
Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things…
Italian Constitutional Court: reinstatement even if the fact underlying the dismissal for an objective reason does not exist
In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional.…