Amendment to Data Protection Code Incorporates EU’s GDPR

New Legislation Enacted

As of September 19, 2018, the Italian Data Protection Code has been modified by Legislative Decree no. 101/2018, which implements the EU’s GDPR. Italy’s legislative body decided not to eliminate completely the previous Data Protection Code, but to review it in light of the GDPR.

Dignity Decree Is Now Law

New Legislation Enacted

On July 14, 2018, Decree 87/2018 (known as “Dignity Decree”) was signed into law and becomes effective on October 31, 2018, with retroactive effect. The Dignity Decree introduces amendments concerning regimes for temporary agencies and agreements. Concerning fixed-term contracts, the maximum duration is now 24 months, limited to 4 renewals, and the relationship must be justified after 12 months.

Constitutional Court Rules on Compensation for Unfair Dismissal

Precedential Decision by Judiciary or Regulatory Agency

Employees hired after March 7, 2018, are entitled, in the event of unfair dismissal, to receive compensation that is equal to 2 months for each year of seniority within the company, with a minimum of 6 months and a maximum of 36 months. On September 26, 2018, the Constitutional Court stated that the calculation provided for by the law, which determines a fixed amount only based on the seniority, cannot be considered fair under the Constitution based on principles of “reasonableness” and “equality.”

Vulgar Language During Private Chat Cannot Form Basis for Fair Dismissal

Precedential Decision by Judiciary or Regulatory Agency

On September 10, 2018, the Supreme Court held as unfair the dismissal of an employee who used vulgar language against the company administrator in a private chat with a trade union organization. The Court reasoned that, since only members of the trade unions participated in the chat, the chat was completely private and protected under the principle of freedom of criticism. Also, the language, even if vulgar, is part of a common way of speaking. The employer was ordered to reinstate the employee and pay 12 months of salary as damages.