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Thursday, September 24, 2026

Italy: Employment Law Newsletter | February 2023 - Lexology

New laws and regulations

Fringe benefits: tax-exemption only for 2022

The Italian Government did not extend for year 2023 the tax-exemption on fringe benefits provided to employees. In fact, said benefits shall be considered not subject to taxation up to EUR 3,000 only with reference to tax year 2022.

Case law developments

Dismissal for economic reasons: lawful when for cost-saving reasons

The Italian Supreme Court ruled that the purpose of a dismissal letter for economic reasons is to allow the employee to understand the grounds at the basis of termination of their employment relationship. Therefore, a dismissal served with a letter stating that termination is due to cost-saving measures is compliant with the law. In any case, the redundant employee must be selected applying certain social criteria such as family burdens, company seniority and technical-productive and organizational needs of the employer.

Employee subject to criminal proceedings before the start date

In a recent ruling, the Italian Supreme Court deemed lawful a disciplinary dismissal served against an employee who was subject (and acquitted) to criminal proceedings before the beginning of their employment. According to the Supreme Judges, an employee's involvement in activities that have even only a potential criminal connotation is enough to breach the trust bond in an employment relationship.

Unlawful processing of biometrical data to check presence at work

The Italian Data Protection Authority...



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