On September 26th, 2018, the Italian Constitutional Court declared the unlawfulness of Legislative Decree no. 23/2015 (better known as “Jobs Act”), in the part where it provides for the case of illegitimate dismissal of employees hired after March 7th 2018, an “increasing protection” system of penalties based only on the their specific length of service within the company.
In conclusion, in light of the most recent case law approach on the matter, the company that wishes to abolish a job position shall evaluate very well its structure before serving the dismissal, paying particular attention to the consequences for the case of the violation of the repêchage.
Italian Constitutional Court declared the unlawfulness of the “proportionate protection” system of penalties provided by the so-called “Jobs Act” for the case of illegitimate dismissal of employees hired after March 7th 2015.
Legislative Decree no. 101/2018 will enter into force on September 19, 2018 and is aimed to harmonize and coordinate the national privacy legislation (the so-called “Privacy Code”) to the new provisions of the “GDPR” concerning personal data protection and processing. The general part of the Italian Privacy Code has been almost entirely replaced by the provisions of the EU Regulation, so that rules on processing, information and prior consent of the data subject are repealed and replaced by the European ones
The so-called “Dignity Decree” has introduced important innovations concerning fixed-term employment contracts, supply of work and penalties in the event of illegitimate dismissal, as provided by the so-called Jobs Act (i.e., for open-ended contracts stipulated after March 2015.) These provisions respond to the Government purpose of fighting the issue of unstable employment
The so-called “Dignity Decree”, approved by the Council of Ministers on July 2nd 2018, introduces important innovations concerning fixed-term employment contracts, supply of work and penalties in the event of illegitimate dismissal, as provided by the so-called. Jobs Act (i.e., for open-ended contracts stipulated after March 2015)
According to the Joined Chambers of the Court of Cassation, dismissal due to continuous absences of the employee is null and void if ordered before the expiry of the sickness “grace period”.
In a recent Ruling, Italian Court of Cassation stated that the employee’s incapability in accomplishing certain duties with a new technology, radically excludes the employee’s chance of relocation in all the tasks – even lower – which do require the use of that new technology.
Court of Cassation confirmed that the company is legitimate to carry out investigations on employees only if they do not result in monitoring the employees’ performance of working activity.
Court of Turin rejected the appeal brought by six Foodora riders against the most famous German food delivery company, Foodora.