According to the Strasbourg Court, the employer does not breach Article 8 of ECHR if he checks files within the employee’s company computer, when the employee did not labelled them as personal, as provided by the related company policy. Download European Court of Human Rights, 22th February 2018, Application no. 588/2013
It is lawful to dismiss the employee for posting an insulting and disparaging tweet against the employer: the expressions used exceeded the right of criticism and the collective bargaining agreement applied provides the dismissal with notice in case of damages to the company image through unappropriated use of Social Networks. Download Busto Arsizio Tribunal, 20th February 2018
If the agent needs to be authorized by the principal to collect money, and the principal does that directly, the collection of money shall be deemed as an optional and non-continuous activity, therefore the agent is not entitled to the related additional allowance. Download Court of Cassation, 26th March 2018, no. 7467
Using the company car to go to the gas station or to do personal errands does not constitute just cause of dismissal, because the sporadic and personal use of Company properties granted to the employee is lawful. Download Court of Cassation, 22th March 2018, no. 7208
When the Union agreement entered into after “picket lines” days does not provide the employer’s obligation to remunerate employees during picket period but only provide the employer’s obligation to apply for CIGO to INPS, in case of refusal by INPS, the company is not obliged to pay the employees because the production stop is not due to the employer’s fault. Download Court of Cassation, 16th March 2018, no. 6596
The employer shall pay the damages caused to the employee hit by a mine while working in a railway arch. Indeed, the employer has the same juridical position to the keeper, having the duty to control and supervise upon workplace goods, unless proves the case of force majeure. Download Court of Cassation, 12th March 2018, no. 5957
The facts grounding the dismissal shall be the same facts provided within the reprimand letter: otherwise, the judge can reinstate the dismissed employee when it ascertains that the facts alleged cannot be charged to the employee. Download Court of Cassation, 2nd March 2018, no. 4983
Privacy Authority made available 2018 Guide to EEA (General Data Protection) Regulation no. 679/2016 application and published new FAQ on private companies Data Protection Office (DPO). Download Privacy Authority, 27th March 2018, General data protection regulation application guide Privacy Authority, private companies DPO
INAIL communicated 2018 conventional salaries to consider as basis to insurance premium calculation for employees working in a non-EU States that did not enter into a social security agreement with Italy. Download INAIL Circular no. 15, 6th March 2018
INPS issued the guidelines to enjoy the under 35 social security contributions exemption, involving not only those hired under “increasing protection” contract but also those who entered into derogatory agreements. Download INPS Circular no. 40, 2nd March 2018
Through the 9th March agreement, the Trade Unions reached the agreements on the following items: how to calculate the level of representation of the employers organisations, the principles to regulate the collective bargaining, the Comprehensive economic Income (TEC) criteria calculation and the changes of minimal incomes. (TEM). Download Confindustria Agreement, CGIL, CISL e UIL (social parties) 9th March 2018
