The posting of employees from an EU country to Italy must comply with Legislative Decree 136/2016. The law applies to companies established in EU member states which, in the context of the provision of services, post to Italy one or more employees in favour of another company, including those belonging to the same group, another production unit or another recipient, on the condition that during the posting, an employment relationship continues to exist with the posted employee.
The Supreme Court recently decided a labour litigation case filed by an Italian employee of the British Council. The court affirmed the principle that the exoneration from Italian jurisdiction of foreign states and entities that, in a broad sense, hold the status of bodies of a foreign state meets a double limit in the field of labour relations for disputes concerning employment relationships unrelated to the institutional functions and the organisation of the entity and when a claim with exclusively patrimonial content is raised.
The Turin Court of Appeal recently found that Foodora riders should not be considered employees. However, the court also held that Foodora riders cannot be considered fully self-employed and instead belong to a third type of relationship between self-employment and subordinated employment. This decision sees Italy join the ongoing debate regarding the classification of gig economy operators.
The Constitutional Court recently declared Article 3 of the Jobs Act, which provides the formula to calculate damages for the unlawful dismissal of employees hired after March 2015, to be unlawful. The decision has created uncertainty for employers and reduces their ability to assess the consequences and costs associated with redundancies, which was one of the Jobs Act's benefits.
The Supreme Court recently examined the use of recordings of employer-employee discussions as evidence in a lawsuit and provided a number of useful principles in this regard. For example, this type of recording can be used as evidence if at least one of the individuals involved in the recorded discussion is a party to the lawsuit and the party against whom the recording has been filed as evidence has not duly contested its actuality or content.
The Constitutional Court has deemed unlawful the provision of the Jobs Act concerning indemnity in the case of the unlawful dismissal of employees hired after March 2015. According to the court's first press release, the sole criterion of an employee's seniority provided by the act for the calculation of the indemnity is contrary to the principles of reasonableness and equality, as well as the employment rights and protection provided by Articles 4 and 35 of the Constitutional Chart.