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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.

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The post CONTROL OF EMPLOYEES AND INVESTIGATIVE AGENCIES: LIMITS AND CONDITIONS OF LEGITIMACY 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.

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The post WHISTLEBLOWING: MORAL DAMAGES AWARDED TO WHISTLEBLOWER VICTIM OF RETALIATION 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.

The new Artificial Intelligence Bill, approved on September 17, 2025, aligns Italy with the European Regulation and introduces rules for the ethical, safe, and transparent use of algorithms in business, with particular attention to the protection of workers. The goal: to ensure that AI is a support tool and does not replace human decision-making.

What obligations does it impose on companies?

Gaspare Roma, Jacopo Piemonte and Ilaria Uletto explain in a feature on Agenda Digitale, highlighting that companies are required, inter alia, to inform their employees and trade union representatives about the AI systems adopted, update privacy notices and processing records in line with GDPR, promote training and digital literacy programs to make workers aware of the risks and opportunities linked to AI, and responsibly manage all risks connected with the use of algorithms in work processes.

“ Read the full article in italian.

The post ITALIAN AI LAW: WHAT COMPANIES NEED TO DO appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

A recent ruling of the Italian Supreme Court (Court of Cassation, Labour Section, No. 24204 of 29 August 2025) established that an employer who accesses the emails of former employees violates the right to the secrecy of correspondence.

The Court reaffirmed that even emails sent from employees’ personal accounts — although routed through company servers or sent from the employer’s premises — fall within the notions of “private life” and “correspondence,” protected under Article 8 of the European Convention on Human Rights (ECHR) and Article 15 of the Italian Constitution.

Our Gaspare Roma and Ilaria Uletto examined the key aspects of the ruling and retraced the legal framework that led to this decision in an article published on NT+ Diritto by Il Sole 24 Ore.

Read the full article in Italian.

The post THE EMPLOYER WHO ACCESSES FORMER EMPLOYEES’ EMAILS VIOLATES THE RIGHT TO THE SECRECY OF CORRESPONDENCE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

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The post RENEWAL OF THE NATIONAL COLLECTIVE AGREEMENT FOR CREDIT SECTOR EXECUTIVES: ECONOMIC IMPROVEMENTS AND ENHANCED WORK-LIFE BALANCE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.