Topic: Italy

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Germany: An Employer’s duties dealing with COVID-19 (Coronavirus) – Q&A

COVID-19 is spreading across the world and companies everywhere are faced with its challenges. In circumstances where a COVID-19 case impacts your German workplace we recommend close coordination with the public health authority on how to proceed. In doing so – especially against a possible liability for illness or even death – it will show that you, as an employer, have taken all reasonable steps to ensure that you have protected your employees. For further guidance please check our Q&A list:

1. Can employees be forced to take unpaid leave or flexitime or to reduce their working hours?

There is … Continue Reading

Treatment of Gig Economy workers in Italy

With another summer approaching, the political and legislative debate concerning the need to update and/or clarify employment laws in Italy relating to Gig Economy workers (See Blog post of July 20 2018)  is still hot.

In 2018, six people who worked for a food delivery company claimed, before the Court of Turin, that they should be considered as “regular, subordinate employees.” The Court of Turin rejected their claims on the basis that their contractual relationship could not be qualified as “regular, subordinate employment” under the relevant laws: They were at all times free to refuse work, or be unavailable … Continue Reading

More uncertainty follows the Italian Constitutional Court’s partial repeal of the Jobs Act

Thanks to the passage of the Dignity Decree by the Italian Parliament last summer and the recent decision of Italy’s Constitutional Court, the employment law regime in Italy has changed direction. The problem is that the direction it has taken is uncertain, creating concern both for employers and employees. The current situation is that parts of the Jobs Act – the major employment law reform in Italy that came into force in 2014/2015 –  have been struck down either by the new legislation or by the court decision and in certain areas a legal vacuum has been created. To fill … Continue Reading

Legal update: Minimum protection for Gig Economy workers in Italy and in the international context

The need to update existing labour laws in light of the rapid changes introduced by the digital economy is one of principal issues under the “new ways of working” debate and has made the  headlines in many Italian papers, including the leading daily, Il Sole24Ore.  We need to use the legal tools that are available to us today, with modifications if necessary, in order to meet the challenges of the so called “gig economy”.

Are the atypical employment relationships governed by digital platforms autonomous or subordinate in nature?  This is the crucial question to consider when determining the rights and … Continue Reading

First-ever ‘Riders’ Statute’ signed in Bologna, giving food delivery company riders a set of minimum standards of protection

On 31 May 2018, at the City Hall of Bologna (the fourth most populous city in northern Italy), the city’s mayor, representatives of Italy’s three main workers unions (CGIL, CISL and UIL), and two food delivery companies active in Bologna (Sgnam and Mymenu) met and signed the “Paper of fundamental rights of the digital worker in the urban environment.” (the Riders’ Statute). The Riders’ Statute aims to grant riders who work for food delivery companies (Riders) a set of minimum standards of protection. Absent from this important meeting (and list of signatories) were the largest food … Continue Reading

Italian labour court hands down landmark decision on Foodora case with potentially far-reaching implications for any company active in Italy’s growing Gig economy

On May 7, 2018 the Labour Court of Turin handed down a landmark decision in a case brought by delivery bike drivers or couriers (“riders”) working for Foodora, an online food delivery company that offers meal delivery in 10 countries worldwide, including Italy.

Amongst other things, the riders, each with a freelance work contract with Foodora, sought a relabeling of their work contracts from the “freelance” category to the “subordinate employment agreement” category. In effect, the relabeling of the work contract requested would give rise to an obligation on the part of Foodora to pay the riders an increased wage … Continue Reading

Paid leave granted to an Italian university employee for pet care

An employee of an Italian university in Rome has successfully obtained a two-day paid leave of absence from work to care for his pet dog, which had undergone surgery and required special assistance for an additional day to recover. The Italian animal rights association, LAV, advised the employee on submitting his successful request to the university.… Continue Reading

Data protection and employment law update (Italy)

The Italian Data Protection Authority (IDPA) is increasingly faced with issues relating to the ways employers may monitor the Internet usage of its employees. In 2016, the Authority handed down two important decisions on this topic.

In the first decision, the IDPA stated that an Italian University (the University of Chieti and Pescara) was acting unlawfully in the way that it used e-mails to trace the identity of Internet users. This University, without having given any prior warning to its employees, implemented a system that retained information regarding personal Internet access, for the purpose of service monitoring, internal security and … Continue Reading

Italy’s Supreme Court confirms that dismissals for redundancy to increase profits are legal

In a decision dated December 7, 2016, Italy’s Supreme Court – the Corte di Cassazione – confirmed that the dismissal of an individual employee for redundancy can be legally grounded solely on business-related reasons, such as improving the company’s competitiveness, reducing costs, or increasing profits. The decision was based on the constitutional principle of “freedom of private enterprise.”… Continue Reading

Zero hour contracts in Italy

Back in 2003, with the objective of giving employers and employees maximum flexibility to agree to working relations, the so-called zero hour contract, also known informally as “job on call,” was formally introduced into the Italian employment law regime. Under these contracts, the employee agrees to be available to work for the employer only at specific times, at the request of the employer.  In Italy, the typical employment contract is still the traditional full-time, open ended one, so it comes as no surprise that this arrangement  is largely viewed as punitive to employees and is subject to multiple restrictions.… Continue Reading

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