The post VIOLENCE AGAINST A DISABLED PATIENT: WORK-RELATED STRESS DOES NOT MITIGATE LIABILITY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

The post FAILURE TO RECOGNIZE INDIVIDUAL TARGETS: NO COMPENSATION FOR LOSS OF CHANCE DAMAGES appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Business travel is no longer just an organizational matter: the increase in international mobility and the growing complexity of geopolitical, health, and social risks make the protection of employees on assignment a central issue. Duty of care is thus becoming a true legal obligation for companies, making Travel Risk Management a key tool for prevention and compliance. In this context, the regulatory framework, from ISO 31030:2021 to the recent SIML guidelines, is rapidly evolving, although the adoption of structured and well-documented models remains limited.

How are Italian companies addressing Travel Risk Management?

Gaspare Roma, interviewed by ItaliaOggi on the topic, explained that “it is still at a developmental stage: despite the publication of the guidelines by the Italian Society of Occupational Medicine (SIML), which have incorporated ISO 31030:2021, the majority of Italian companies have not yet embraced the guidance contained therein. This is because the Italian economic landscape is largely characterized by SMEs which, ‘intimidated’ by the burdens associated with formalizing structured procedures, have only partially implemented systems to protect employees’ health and safety during international travel.”

READ THE FULL ARTICLE IN ITALIAN

The post BUSINESS TRAVEL: EXPANDED LEGAL PROTECTIONS FOR EMPLOYEES appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

The post DISMISSAL FOR JUSTIFIED OBJECTIVE REASON (GMO) DEEMED LAWFUL WHEN BASED ON REPLACING AN EMPLOYEE WITH ARTIFICIAL INTELLIGENCE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

The issue of remote monitoring of employees’ activities has long been the subject of extensive legal and scholarly debate.

With judgment no. 30821 of November 24, 2025, the Court of Cassation once again ruled on the subject of defensive controls and the use of investigative agencies by employers.

The Court reaffirmed that the use of private investigators is legitimate when the investigation concerns possible unlawful conduct by employees of criminal relevance, such as to constitute an offense committed to the detriment of the employer.

Gaspare Roma and Ilaria Uletto, in their article published in QuotidianoPiù by Giuffrè Editore, analyzed the case in question.

Read the full article in italian.

The post CONTROL OF EMPLOYEES AND INVESTIGATIVE AGENCIES: LIMITS AND CONDITIONS OF LEGITIMACY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Adnkronos has published a new in-depth piece on the topic of pay transparency, gathering insights from several experts on EU Directive 2023/970, which starting in 2026 will change how companies must manage and communicate their compensation policies.

Among those interviewed is Gaspare Roma, who highlights that one of the most significant aspects of the directive is the requirement for companies to make internal pay levels and the criteria used to determine them fully accessible.

Gaspare notes that the directive “strengthens anti-discrimination protections regarding equal pay, introducing specific disclosure obligations for employers, enabling workers not only to have free (clear and transparent) access to pay data within the company, but also to understand the objective and shared criteria behind corporate salary policies.”

This shift in perspective will require companies to systematically map their salary structures and provide concrete tools to ensure transparency for employees and trade union representatives.

READ THE FULL ARTICLE IN ITALIAN

The post GENDER PAY GAP PERSISTS: EXPERTS DISCUSS THE EU DIRECTIVE ON SALARY TRANSPARENCY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On NT+ Diritto by Il Sole 24 Ore, an article by Gaspare Roma and Ilaria Uletto examines decision no. 951/2025 of the Tribunal of Bergamo, which for the first time in Italy recognizes moral damages for a whistleblower who has been the victim of retaliation.

This ruling marks a historic step, firmly affirming that the moral suffering caused by threats, isolation, mobbing, and aggression is a real harm, deserving immediate protection and eligible for compensation even through presumptive evidence.

According to the Tribunal, reporting wrongdoing is not an act against the organization, but a fundamental contribution to legality and to the dignity of workers.

Read the full article in italian.

The post WHISTLEBLOWING: MORAL DAMAGES AWARDED TO WHISTLEBLOWER VICTIM OF RETALIATION appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

With Order No. 28790/2025, the Italian Supreme Court (Corte di Cassazione) takes an important step forward: imposing English as the sole language in meetings of the Special Negotiating Body, without providing interpreting services, constitutes anti-union conduct. The reason is straightforward: without genuinely accessible communication, dialogue between the parties loses effectiveness and workers’ representation is weakened.

On QuotidianoPiù by Lefebvre Giuffrè, our Gaspare Roma explores the issue in depth, explaining how the Court strongly reaffirms the obligation to ensure immediate tools, rather than future solutions such as language courses, enabling the Special Negotiating Body to properly carry out its mandate. A principle that is even more relevant in European contexts, where linguistic diversity must be managed, not endured.

How can multinational companies today ensure effective trade union dialogue without sacrificing the linguistic efficiency required in a global environment?

Read the full article.

The post TRADE UNION NEGOTIATIONS IN ENGLISH: ANTI-UNION CONDUCT appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

The post MONITORING OF COMPANY COMPUTERS USED BY EMPLOYEES IS LAWFUL ONLY IF PRECEDED BY ADEQUATE NOTICE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

On October 3, 2025, Law No. 144 of September 26, 2025, was published in the Gazzetta Ufficiale. The law delegates the Government to adopt, within six months of its entry into force, a comprehensive reform concerning workers’ remuneration and collective bargaining.

The goal is clear: to ensure that all workers receive fair and proportionate pay, in line with Article 36 of the Italian Constitution and with European guidelines on adequate minimum wages (EU Directive 2022/2041).

What does the law specifically provide?

Gaspare Roma and Ilaria Uletto discussed this in detail in their article published on NT+ Diritto by Il Sole 24 Ore.

“ Read the full article in italian.

The post MINIMUM WAGES AND NATIONAL COLLECTIVE AGREEMENTS: THE ENABLING ACT PUBLISHED IN THE OFFICIAL GAZETTE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.