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Italy
Newsletter March, 2024

Italy: The Data Protection Authority provides important guidance on the retention of company e-mail data

March, 2024
  • Data Protection Authority's (DPA) Guidance Document no. 642, published on 21 December 2023 and highlighted in their 6 February 2024 newsletter, introduced new guidelines on workplace email management. 
  • Employers in the public and private sectors who leverage computer programmes and cloud-based services to manage employee emails are now restricted to retaining the metadata of these emails for a maximum of seven days. An extension of up to 48 hours may be granted in cases of proven necessity. 
  • It poses potential challenges for companies in terms of compliance and operational flexibility.

USA: Whistleblower Retaliation

March, 2024
  • On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002. 
  • The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
  • The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part. 
Newsletter November, 2023

Italy: Decision on the protection of a whistleblower

November, 2023
  • On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
  • The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
Newsletter October, 2023

Italy: A Decision on indirect gender discrimination in job advertisements

October, 2023
  • On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women. 
  • The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.
Newsletter August, 2023

Italy: law converting Decree No. 48/2023 [Employment Decree] published in the Official Gazette

August, 2023
  • On 3 July 2023, Law 85 converting, with amendments, the Decree Law 48/2023 on "Urgent measures for social inclusion and access to employment" was published in the Official Gazette.
  • It aims to ensure greater flexibility for personnel management, introduces amendments to the discipline of fixed-term employment contracts and simplifies information obligations under the Transparency Decree.
Newsletter June, 2023

European Union Court of Justice (CJUE): Decision on the use of annual leave

June, 2023
  • On 8 June 2023, the Advocate General of the European Court of Justice (CJEU), in case Cā€‘218/22, ruled that Member States may limit the monetisation of paid annual leave not taken at the end of the employment relationship. 
  • Member States may impose conditions on workers exercising the right to annual leave to encourage their actual use instead of their monetisation.
  • The preference for the actual taking off paid annual leave is justified by the institution's purpose, which is to allow the worker to rest from the performance of the tasks assigned to him under his employment contract and benefit from a period of relaxation and recreation.
Newsletter May, 2023

Generali Group signed an agreement on hybrid working

May, 2023
  • On 20 April 2023, the global insurance Generali Group, together with the unions First-Cisl, Fisac-Cgil, Uilca, FNA, and SNFIA, signed an agreement on hybrid working to "unlock our people potential, boost the business strategy ambition and deliver benefits to all the stakeholder involved."
  • It is the renewal of the so-called 'Next Normal' agreement of 27 July 2021 - which expired on 31 March last and was extended until 30 April next year - combining the needs of a different way of working with those of a concrete reconciliation of life and work time.
  • The new agreement version pays special attention to inclusiveness, remodeling smart working for caregivers, and the right of disconnection.

European Commission published the annual report on intra-EU labour mobility 2022

May, 2023
  • On 5 April 2023, the European Commission published the 2022 annual report on intra-EU labour mobility, which identifies trends in the free movement of workers.
  • The 2022 edition focuses on cross-border workers in the EU and EFTA, on the one hand, and mobility of persons with specific occupations.

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