The Italian Data Protection Authority has issued a measure containing prescriptions relating to the processing of employees’ special categories of personal data, such as those related to health, political opinions, ethnic origin, and sexual orientation: only the necessary data shall be processed in the employment relationship. Download Italian Data Protection Authority, measure dated June 5, 2019, published in the Official Journal on July 29, 2019
According to the EU Court, Member States shall require employers to set up an objective, reliable and accessible system enabling the duration of time worked each day by each employee to be measured, in order to allow the calculation of overtime hours and to verify that employees’ rest periods are respected. Download European Court of Justice, ruling May 14, 2019, file C-55/2018
It is lawful to dismiss the employee who simulates an illness, when the simulation is ascertained in court, as the employee’s deceitful conduct may irremediably infringe the fiduciary relationship with the employer. Download Court of Cassation, ruling no. 21616, August 22, 2019
Lawful dismissal for the employee who prolongs his lunch break without finishing his work, relying on an ostensible regularity: the dismissal is grounded on just cause, since the employee was perfectly aware of violating the company’s rules. Download Court of Cassation, ruling no. 21628, August 22, 2019
It is lawful to dismiss a banker for having violated the anti-money laundering legislation, as he had not reported suspicious operations that had involved a front man for a mafia clan, with a criminal record for bankruptcy. The Court of Cassation confirmed the lawfulness of the dismissal, although the banker was acquitted of the abetment charge, as there was no case to answer. Download Court of Cassation, ruling no. 21548, August 21, 2019
Regulation and limits established for extension of fixed-term employment contracts do not apply to temporary agency work contracts, which can be extended in writing and with the employee’s consent, within the duration limit provided by the applicable collective bargaining agreements. Download Court of Cassation, ruling no. 21390, August 13, 2019
Remuneration received by employees from the transferee company cannot be deducted from the amount that the transferor employer will have to pay them in case the transfer of the branch of business is declared invalid. Download Court of Cassation, ruling no. 21158, August 7, 2019
A so-called “proximity” collective bargaining agreement aimed at reducing the negative effects of the corporate crisis on employment can lawfully provide for the dismissed employees’ waiver of the payment of the indemnity of lieu of notice. Download Court of Cassation, ruling no. 19660, July 22, 2019
The National Labour Inspectorate has published new guidelines for its inspectors, aimed at regulating measures against elusive practices in the field of transnational secondment. Download INL-Linee-guida-distacco-transnazionale-2019
As From September 15, the registration of company and territorial collective bargaining agreements, necessary to receive tax relief on performance bonuses and profit sharing, shall be made exclusively through the on-line application of the Ministry of Labour. Download Ministry of Labour, Message no. 2761 dated July 29, 2019
Renewed on July 30, 2019 the National Collective Bargaining Agreement for Industry Executives, valid from January 1, 2019 until December 31, 2023. The main changes concern the determination of remuneration, protection in the event of illness, non-self-sufficiency, disability and death, and the contractual welfare system. Download Renewal agreement of the NCBA Confindustria and Federmanager, dated July 30, 2019
