Non-performance exception: when does the employee’s refusal to comply justify dismissal?
By order No 770, of 12 January 2023, the Italian Court of Cassation ruled on the lawfulness of dismissal for just cause of a worker who, as part…
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Reclassification of the self-employment relationship even in the absence of direct evidence of employer direction
The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one,…
European Court rules that employee tracking through company car geolocator is lawful (Norme e Tributi Plus Diritto, 23 January 2023 – Alberto De Luca, Claudia Cerbone)
As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer…
More protection for whistleblowing (Album Speciale Lavoro de La Repubblica, 18 January 2023 – Vittorio De Luca)
The draft legislative decree to transpose the EU directive on whistleblowing has been approved. As the fight against corruption and the protection of whistleblowers progresses this year, those…
Carrying out unauthorised personal activities during working hours justifies dismissal even if the disciplinary code has not been displayed (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 10 January 2023 – Vittorio De Luca, Alessandra Zilla)
The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code…
Employer monitoring: monitoring of employee e-mail metadata unlawful
It is unlawful to monitor the metadata of company e-mails assigned to employees that do not guarantee adequate protection of confidentiality and are carried out in breach of…
In the absence of a res litigiosa (dispute) conciliation statement may be challenged
The Court of Milan, in judgment No 2652 of 11 November 2022, returned to the issue of the appealability of conciliation statements, ruling that in the absence of…
Budget Law 2023
The Italian Budget Law 2023 (Italian Law No 197/2022) was published in the Official Journal (Gazzetta Ufficiale) on 29 December 2022 and comes into force on 1 January…
Certification of gender equality: the Italian Ministry of Labour establishes the criteria and procedures for granting tax exemption
With the press release of 28 November, the Italian Ministry of Labour and Social Policy publicised the ministerial decree of 20 October 2022 which defines the criteria and…
Excessive morbidity, discriminatory and retaliatory dismissal where the protected period has not been exceeded (Norme e Tributi Plus Lavoro, 23 December 2022 – Enrico De Luca, Raffaele Di Vuolo)
In the event of repeated absences – which have not exceeded the limit of the protected period – the onus is on the employer to prove the additional…