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An employee can lawfully take recordings of colleagues, even without their consent, provided that he or she directly takes part in the conversation and the recording is aimed at safeguarding his or her rights. This article analyses a recent Italian Supreme Court ruling confirming this exception to Italian privacy law. An employee can lawfully record colleagues without their consent, provided the recording is aimed at…
In Italy, innovative start-up companies enjoy many benefits, including benefits for their employees. The only companies that can take advantage of these incentives are those that are defined as innovative start-up companies according to the terms of a piece of legislation enacted in 2012, and that are therefore registered in a special section of the register of companies. Registration is only available to companies that…
Sometimes there’s no alternative but to dismiss an employee for poor performance. This article sets out the circumstances in which dismissal for poor performance can be effected under Italian employment law and it highlights some similarities and differences with other European jurisdictions. In Italy it is possible to dismiss an employee for poor performance and an employee’s performance is an important criterion for assessing whether…
On 11 April 2018 an Italian employment tribunal held that riders working for the food delivery app service Foodora were self-employed contractors and not employees. This article describes the background and reactions to the decision. The case Six Foodora riders filed an employment claim before the Turin Employment Tribunal at the end of 2017 claiming: that their contracts should be reclassified as employment contracts; that their termination (they…
The Italian Law on Smart Working provides for increased flexibility to ensure a better work-life balance for employees, as well as increasing employers’ competitiveness. It defines ‘smart working’ as an agreement between the parties „with no precise constraints in terms of working hours or workplace and with the possible use of technology to enable the work to be performed. The work is carried out partly…
Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. Federal U.S. law does not directly regulate employer dress codes or appearance policies. However, it does prohibit employers from discriminating against employees based on a number…
The European Court of Justice (ECJ) recently ruled on an Italian case in which the director of a company, a Mr Manni, had brought an action against the Lecce Chamber of Commerce. He had built a tourist complex in Italy, but argued that the properties had failed to sell because it was apparent from the companies register that he had been involved in a company…
A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment…
More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has…
Most of the time, taking medication in the workplace creates no problems. Most prescription drugs have little impact on an employee’s ability to work safely. Some drugs, however may affect the employee’s safety or ability to focus. There is therefore considerable potential for prescription drugs to raise problems in the workplace. Indeed, when faced with this issue, employers, who generally have a safety obligation towards…