In brief

This publication features Italy’s latest developments in employment law.

Contents

1. New laws and regulations
   • EU Whistleblowing Directive finally implemented in Italy
   • Fuel vouchers: taxation and social security contributions
2. Case law developments
   • Inappropriate comments on colleagues’ sexuality: dismissal for just cause
   • Access to email accounts and message confidentiality: sanctions for employers
   • Dismissal of a violent employee: irrelevance of the psychological status of the employee

New laws and regulations

EU Whistleblowing Directive finally implemented in Italy

The law implementing the EU Whistleblowing Directive has been approved by the Italian Parliament. The new rules will apply to all companies employing on average more than 50 employees, as well as to employers operating in some particularly “sensitive” sectors, regardless of their headcount. The main provisions of the new law provide as follows:

• any form of retaliatory measure against whistleblowers is forbidden, including dismissals, suspensions, disciplinary measures, etc.;
• the Italian Anti-Corruption Authority — in collaboration with the National Labour Inspectorate — has the authority to start inspections against employers accused of retaliatory behaviours, upon the request of the whistleblowers;
• judicial authorities can adopt all measures (including interim ones) to protect the rights of the whistleblowers and award them with damages;
• settlement agreements that include waivers to rights...

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