Processing of employees' personal data: the ECJ on company agreements that limit the scope of the protection granted by the GDPR
The discretion granted to national law and collective agreements, pursuant to section 88, paragraph 1 of Regulation No. 679/2016, in determining “more specific rules” that ensure the protection of rights and freedoms with regard to the processing of employees' personal data, does not prohibit the national judge hearing the case from carrying out a full […]
Indirect discrimination in case of determining the same grace period for disabled workers
The Supreme Court's decision no. 170/2025 recognises the indirect discrimination in applying a uniform protected period to disabled and non-disabled workers. With decision no. 170 of January 7th, 2025, the Italian Supreme Court reiterated that applying a uniform grace period to all employees, without considering the specific condition of disabled workers, constitutes indirect discrimination against […]International posting and residence permit: hosting Member States’ prerogatives according to the EU Court of Justice
In its judgment in Case C-540/22, the Court of Justice of the European Union (CJEU) clarified that Article 56 of the Treaty on the Functioning of the European Union (TFEU), which governs the free movement of services, does not prevent a Member State from requiring to companies established in another Member State to comply with […]In case of a non-complete risk-assessment document, the liability for injuries rests with the employer and not the safety delegate
In the case of a worker's injury, the criminal section of the Italian Supreme Court stated, through its judgement no. 39168/2024, the liability lies with the employer and not with the executive delegated to safety if said event was not foreseen and evaluated in the Risk Assessment Document. With Judgment no. 39168 of October 25th, […]New European Directive on work organised through digital platforms
On December 1st 2024, the EU Directive 2831 of 23rd October 2024 will come into force, which aims to improve the working conditions of individuals performing organised work using digital platforms. The EU Directive 2831/2024, which the Member States must implement by 2 December 2026, aims to guarantee increasing levels of protection for workers who […]