ITA 
Riders and protections against COVID-19
Riders: duty to provide gloves, masks and sanitizers
Case Ref: Court of Florence, April 1, 2020 (R.G. 886/2020)
COVID-19 Global Payroll Costs Reduction Analysis
We have contributed to the enclosed publication spanning 40 jurisdictions, which may be of use to you and your Colleagues abroad.
Coronavirus – Italian Data Protection Authority: No to any “do-it-yourself” data collection initiatives
Italian Data Protection Authority (the so-called “Garante”) Press Release of 2nd March 2020: public and private entities must follow the instructions of the Ministry of Health and the competent authorities.
Smart Working and Coronavirus “COVID-19”.
Following the spread in Italy of Coronavirus “COVID-19”, companies, employees, professionals and Institutions are talking about the so called “Smart Working” provided by Law no. 81/2017.
Dismissal for justified objective reason and burden of proof
Dismissal for justified objective reason: the employer does not need to prove the poor financial performance of the company
Case ref: Cassazione Civile, sez. lav., 17 febbraio 2020, n. 3908
Executive role: the hetero-direction is essential for the subordinate nature of the relationship.
The subordinate nature of the employment relationship is negated where the professional, although included in the company organization chart, is not subject to any supervision, directives and control by the top management.
Case ref: Cassazione Civile, sez. lav., 13 febbraio 2020, n. 3640
Occupational illness or injury and protected period
Employee’s absences due to occupational illness or injury are excluded from the calculation of the protected period in the case of the employer’s liabilty under art. 2087 of the Italian Civil Code or explicit NCBA provision.
Case ref: Cassazione Civile, sez. lav., 4 febbraio 2020, n. 2527
Disciplinary process: illness is not always sufficient grounds to request postponement of hearing
The request to postpone the oral hearing, filed by the employee under disciplinary process, can be refused by the company when the employee does not prove the impossibility to leave home.
Case ref: Cassazione Civile, sez. lav., 17 gennaio 2020, n. 980
Riders: employment protections confirmed
The Court of Cassation confirms the employment protections to the delivery cyclists ‘hetero-organized’
Case Ref.: Cassazione Civile, sez. lav., 24 gennaio 2020, n. 1663
Increasing protections regime and fixed-term contract
Application of Leg. Decree 23/2015 in case of conversion of the fixed-term contract in Court
Case Ref: Cassazione Civile, sez. lav., 16 gennaio 2020, n. 823