News

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 of her work performance, had not complied with the performance procedures set out in a specific ....

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, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....

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 based on the data from the geolocator of an employee’s company car is lawful and the collection and processing of the relevant data does not result in ....

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 who decide to report wrongdoing, whether in the public or private sector, will be able to do so relying on greater protection. In early December, the government ....

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 is not necessary for the validity of the disciplinary dismissal of an employee for performing personal activities during working hours, leaving his workstation without permission and using ....