ITA 
Data Protection Authority - New protections for employees' emails
Employers, whether public or private, who use programs provided in cloud or as-a-service mode to manage corporate e-mail, as of 6 February must comply with...
Union representative dismissed for insulting the company founder on social network
The employee and union representative’s right to criticism is guaranteed by the Constitution. However, this must be exercised fairly, ensuring the protection of the human person. Therefore, if the employee and union representative attributes dishonorable qualities and unproven disparaging references to the employer, the conduct may be...
Dismissal of the employee who reports the employer in bad faith
«Reporting the employer is lawful as long as the employee does not act being aware of the employer’s innocence».
Unused vacation leave can be used to interrupt the illness protected period
“The employee on sick leave is entitled to apply for the accrued and unused vacation leave, for the purpose of interrupt the illness protected period, since there is no incompatibility between illness and vacation leave. However, this right does not imply an obligation for the employer to accept the request.
Receipt of unemployment benefits does not exclude employment and is not deductible as aliunde perceptum
“Payments originating from the social security system that provides income replacement measures for employees are not deductible as aliunde perceptum from damages for non-establishment of the employment”.
The declaration of insolvency does not ope legis terminate the agency agreement
“If the pending agency agreement is terminated by a conclusive act, with the order that excludes the claims relating thereto from the insolvency of the principal, the agent shall be entitled to be admitted to it for the claims accrued by way of indemnity in lieu of notice and supplementary clientele payments”.
Thus, the Court of cassation, with its judgment no. 10046 of 14 April 2023...
Change in the service agreements, employee direct transition to the subrecipient and dismissal appeal
Corte di Cassazione, sezione lavoro, Ordinanza 6 febbraio 2023, n. 3564
Con l’ordinanza n. 3564 del febbraio 2023, la Corte di Cassazione torna a pronunciarsi sul dibattuto tema del cambio di appalto con passaggio diretto del dipendente presso l’azienda subentrante ed impugnazione del licenziamento.
Nel caso di specie la vicenda trae origine dall’impugnazione del licenziamento da...
On the concept of company dependence for the purposes of territorial jurisdiction.
The Court of Cassation returns to comment on the notion of place of business dependence pursuant to Article 413 of the Code of Civil Procedure for the purposes of determining the territorial jurisdiction of the labour court.
And so the Court of Cassation recalls how the jurisprudence of legitimacy has enucleated a particularly broad notion...
Lawful dismissal for using one day of union permit for personal purposes
Court of cassation 26198/2022. The use of a day of union leave to engage in personal activities unrelated to the function for which the leave was granted constitutes a disciplinary breach punishable by dismissal.
The dismissal served for refusing the medical check is lawful
Court of Cassation, Labor Section, Order No. 22094, July 13, 2022.
The dismissal of the employee who refuses to undergo a medical examination ordered by the company before granting new duties must be considered lawful.
Thus, the Supreme Court in its Order No. 22094 of July 13, 2022.
In the case at hand, the Court of Appeal had rejected...