Recent news

Latest items of recent news relevant to Italy which reported in our fortnightly newswire ‘Dernières nouvelles’.

Italy: Companies must avoid operating fully automated systems

Even if it is technically possible to operate an automated decision making system in the workplace without the need for human intervention, companies should build in at least a nominal role for involvement of human operators or technicians …

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Italy: Stark reminder that GDPR is fraudster’s charter

It is unlawful to monitor an employee’s emails in order to detect unlawful acts, and only lawful to selectively review past emails to determine if wrongdoing has actually taken place …

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Italy: Video evidence posted on YouTube sufficient to justify dismissal

The Supreme Court has ruled that a video filmed by an onlooker that was subsequently posted onto ‘YouTube’ did constitute evidence justifying dismissal of a bus driver …

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Italy: WhatsApp messages valid evidence of upgraded job category

The Court in Cuneo (in north-west Italy) has determined that WhatsApp messages may legitimately constitute evidence that an employee has been required to perform higher level skills …

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Italy: The obligation to redeploy an employee

Two recent cases have considered the extent to which an employer must seek alternative employment when undertaking a redundancy exercise …

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Italy: Fixed-term and agency worker rules

An employment Decree (48/2023) has introduced a new requirement for employers to state a reason for extending a fixed-term contract from day one of the extension …

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Italy: Courts ‘split hairs’ about notification of absence

The Supreme Court has found an employee’s dismissal was valid because he did not personally notify his employer of the absence at the earliest opportunity …

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Italy: Second round of social security reduction

Although the latest additional reduction in social security contributions covering July to December 2023 is over and above the previous reduction made for the whole of 2023, it only applies to those with salaries up to €35,000 (US$38,396) pa …

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Italy: Fathers on paternity leave still entitled to benefits if they resign

The Italian Social Security Agency (INPS) has clarified that working fathers, who take mandatory paternity leave, are entitled to public unemployment benefits if they resign before their child is one year old [Circular number 32 of 03-20-2023] …

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Italy: Lasting bond of trust

If an employer discovers that an employee committed a sexual assault against a minor, even though the offence was many years ago, then they have the right to dismiss the employee concerned …

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Italy: Split 80% parental allowance

Article 32 of Legislative Decree no …

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Italy: Not necessarily an offence to speak ‘offensive language’

The Supreme Court has differentiated between offensive comments made during a meeting and those set down in an email …

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Italy: Dismissal for refusal to work part-time is not retaliatory

Employer had right to dismiss following refusal of part-time work …

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Italy: Employee refuses training? Lawful dismissal

Refusal to respond to instructions from ‘hierarchical superiors’ …

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Italy: Obligation to consider redeployment to prospective positions

According to the Supreme Court, an employer that is considering the termination of an employee on economic grounds must not only look at possible alternative opportunities that exist on the day the review is carried out – but also possible openings that may arise in the near future …

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