Further to the conversion into law of the “Dignity Decree”, new rules on renewals and prorogations will enter into force as from November 1st 2018. Among major changes, new incentives to hire under 35s and increase the amount of the offer in optional settlements, pursuant to the procedure under article 6 Legislative Decree no 23/2015. Download Law no. 96, dated August 9th, 2018, published in the Italian Official Journal no. 186 on August 11th 2018
On September 4th, 2018 the Legislative Decree, which adapts the Italian legislation to the European General Data Protection Regulation (GDPR), was published in the Italian Official Journal and it will enter into force as from September 19th, 2018. The decree amends the existing Privacy Code (Legislative Decree no. 196/2003) and gives provisional effect to measures and authorization by the Italian Privacy Authority and to the existing Codes of Conduct, which will be subject to future revision. Download Legislative Decree no. 101, dated August 10th 2018, published in the Italian Official Journal no. 205 on September 4th, 2018
Employees’ consent to installation of cameras in the workplace does not “save” the employer, who has not reached an agreement with trade unions, nor, obtained the proper authorization from the administrative authority. Download Court of Cassation criminal section, ruling no. 38882, dated August 24th, 2018
A depressed employee is entitled to damages for occupational disease as long as he/she proves that the depression is caused by organizational constriction. INAIL (the Italian Institute for Insurance against Accidents at Work) covers all physical injury or mental disease as long as it is related to the work activity, even though not included among diseases and risks listed. Download Court of Cassation, ruling no. 20774, dated August 17th, 2018
The employee claiming retaliatory and discriminatory dismissal is not entitled to reinstatement, unless he/she proves that the unlawful reason was the only and decisive one for the dismissal. Such rule applies also to executives (dirigenti). Download Court of Cassation, ruling no. 20742 dated August 16th, 2018
Dismissal of an employee who steals in the workplace, regardless of the low value of the goods stolen, may be grounded on just cause if the theft is carried out in such a way as to cause the permanent breach of the fiduciary relationship between the parties. Download Court of Cassation, ruling no. 20660, dated August 8th, 2018
If the employer carries out a partial spin-off of the company in order to avoid carrying out the collective redundancy procedure, the individual dismissals are unlawful: such a transaction is unlawful and the redundant employees are entitled to reinstatement. Download Court of Cassation, ruling no. 20620, dated August 7th, 2018
The dismissal of the pilot who, by violating procedures set forth in operating manuals for landing, causes damages to the airplane and endangers the safety of passengers, is grounded on just cause: the pilot shall pay damages. Download Court of Cassation, ruling no. 20533, dated August 6th, 2018
The INPS (i.e. the Italian Social Security Institute) has provided some clarifications regarding leaves pursuant to Law 104/1992 and extraordinary leave granted to a partner who lives with a severely disabled person, in the case of particular organizational methods of the working time (e.g. shifts over two calendar days). Download INPS, Circular no. 3144 dated August 7th, 2018
According to the Italian Data Protection Authority, if a a GPS system is installed in company vans, also for organizational needs and to safeguard company assets, employers shall provide employees with the proper privacy notice, otherwise the data processing will be considered unlawful. They must also allow for the system to be turned-off during rest periods and during private use of the vehicle. Download Italian Data Protection Authority, Measure no. 396, dated June 28th, 2018, published in the Newsletter on July 31st, 2018
