Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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COVID-19: Dismissal Bans and Salary Support Measures

New Order or Decree

Author: Carlo Majer, Partner – Littler

On May 19, Law Decree 41/2021 was approved as a COVID-19 measure. This decree sets different expiration dates on the ban on terminations. In brief, for the NCBA for the industrial section, the ban expires on June 30, 2021. However, if the employer received CIGO subsidy (to cover furlough), the ban is extended until December 31, 2021. For the NCBA for the trade sector, for companies that use the FIS program (for short-time work), the ban is extended until October 31, irrespective of the use of the FIS.

Additionally, under Law Decree 99/2021, effective July 1, 2021, employers in the fashion and textile industrial sector who suspend or reduce their activities due to COVID-19 may apply for a paid furlough subsidy, known as “CIGO”, that would provide up to 17 weeks of salary support, covering from July 1 to October 31, 2021. For the business sector, although the dismissal ban is scheduled to expire on July 1, 2021, companies that may no longer benefit from the government’s paid furlough subsidy program may apply for an extraordinary measure providing 13 weeks of salary support, to be used by December 31, 2021.

Data Protection: Employee Monitoring

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner – Littler

On May 13, 2021, the Data Protection Authority issued a sanctioning measure against the Municipality of Bolzano (i.e., the employer), as a result of a complaint filed by an employee who, in the course of a disciplinary proceeding, had discovered that he had been constantly monitored by his employer. Regardless of the occurrence of a specific Unions’ agreement regulating this kind of monitoring, it is not permitted to surveil and monitor employees’ internet browsing indiscriminately: any monitoring activities shall always be carried out in compliance with the Workers' Statute (Law no. 300/1970) and applicable data protection laws (including the Data Protection Authority’s ruling and guidelines).

Whether Dismissal Ban Protects Executives (Dirigenti)

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner – Littler

In its recent Order no. 3605/2021, the Court of Milan ruled that employees classified as executives (known as “dirigenti”) are not protected under the ban on dismissals. This order is significant because it appears to settle this issue where the Court of Rome had previously issued two rulings that were inconsistent within each other. In the first case, the Court of Rome found that executives were protected under the ban; in the second case, the court reversed itself, finding that the executives may be dismissed notwithstanding the ban. Therefore, it appears that the Court of Milan’s decision is conclusive as to the exclusion of executives from the ban.

COVID- 19: Smart Working Measure Extended

New Regulation or Official Guidance

Author: Carlo Majer, Partner – Littler

In its website, the Labor Ministry announced that Smart Working, a COVID-19 emergency measure which allows flexibility in how private sector employees carry out their work, has been renewed and extended until December 31, 2021. To apply for this scheme, the only requirement is for employers to register the agreement with the employee on an online system.