{"id":68801,"date":"2026-04-20T12:25:40","date_gmt":"2026-04-20T10:25:40","guid":{"rendered":"https:\/\/www.lexia.it\/?p=68801"},"modified":"2026-04-20T12:25:42","modified_gmt":"2026-04-20T10:25:42","slug":"insight-387-april-20-2026","status":"publish","type":"post","link":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/","title":{"rendered":"”Rights and Duties in Employment Relationships” – Insight No. 387 of aprile 20, 2026"},"content":{"rendered":"\n

12 March 2026
Privacy and Data Protection
Company Email: Worker Entitled to Full Access \u2014 Employer Filters and Redactions Unlawful<\/strong>
Garante Privacy<\/em><\/h3>\n\n\n\n

A worker, following the termination of his employment, requested that the company grant him access to his company email account and provide a complete copy of its contents. The company allowed only partial access, limited to messages deemed “personal”, excluding those relating to work activity and redacting content to protect third-party data and company information.
Following a complaint, the Authority clarified that communications exchanged via company email fall within the scope of the worker’s personal data. It follows that the right of access cannot be unilaterally restricted by the employer to “personal” content only, nor can it be made conditional on prior selection or filtering by the company.
The generalised anonymisation of emails was also found unlawful, in the absence of concrete and demonstrated prejudice to the rights of third parties or company trade secrets. A mere protective interest is not sufficient to curtail the right of access.
The Authority further criticised the systematic retention of emails for extended periods \u2014 up to five years \u2014 through backup systems, particularly in the absence of adequate information to workers. Email systems cannot substitute structured document management tools compliant with the principles of data minimisation and transparency.
The ruling thus reaffirms strict limits both on the management of company email accounts and on the handling of workers’ access requests.<\/p>\n\n\n\n

27 March 2026
Whistleblowing
Internal Report and Dismissal: Retaliatory Termination Following Whistleblowing Is Null and Void<\/strong>
Milan Tribunal<\/em><\/h3>\n\n\n\n

A worker challenged the dismissal for just cause served by the company, arguing that it was retaliatory in nature. The disciplinary measure had been adopted following a challenge to the worker’s use of smart working. However, just a few days earlier, the worker had made an internal report concerning alleged irregularities in the management of a contract.
In the course of the proceedings, it emerged that the company’s practice was to manage remote working with considerable flexibility and without strict controls, to the point that similar conduct had never previously led to dismissal. Furthermore, the disciplinary challenge was temporally close to the report and to the disclosure of the whistleblower’s identity, after which he was excluded from work activities.
The Tribunal found no just cause for dismissal and, crucially, characterised the termination as retaliatory. Where a report has been made, a presumption applies that any adverse measures are a consequence of that report, and the burden falls on the employer to demonstrate the contrary.
In the specific case, that burden was not discharged: the disciplinary challenge appeared pretextual and formed part of a sequence of events revealing a punitive intent. The dismissal was consequently declared null and void, with the worker entitled to reinstatement and full compensation for the damage suffered.<\/p>\n\n\n\n

17 March 2026
Working Time, Leave, and Rest
Bus Drivers and Rest Periods: Stops Do Not Reduce Protections on Driving Times<\/strong>
Court of Cassation, Labour Division<\/em><\/h3>\n\n\n\n

A worker employed as a driver in public transport brought proceedings to obtain compensation for damage arising from the failure to enjoy, or the reduced enjoyment of, weekly rest periods. After an initial dismissal and a subsequent remand, the appellate court partially upheld the claims, reducing the amount due on the basis that routes exceeding 50 kilometres lost that character where frequent stops were made.
The Supreme Court, hearing the case again, clarified that intermediate stops for passengers boarding and alighting do not affect the classification of the service. Such stops do not interrupt the driving period, nor do they transform the service into a route of less than 50 kilometres.
It follows that, for the purposes of the rules on driving times and rest periods, what is relevant is the overall itinerary of the line, not the individual operational features of the service. Applying this principle, the Court recognised in full the compensation for psychophysical wear and the outstanding pay differentials, emphasising the mandatory nature of the protections governing rest periods.<\/p>\n\n\n\n

3 April 2026
Social Security and Contributions
Early Retirement: Incentive to Remain in Work Extended Through 2026<\/strong>
INPS<\/em><\/h3>\n\n\n\n

INPS has addressed the mechanism encouraging workers to continue in employment even after having met the conditions for early retirement. The measure, already available in previous years, is now extended to workers who meet those conditions by the end of 2026.
In particular, a worker who decides not to access retirement immediately may waive the crediting of the employee’s share of pension contributions. As a result of this choice, the employer is no longer required to pay that share to the social security authorities, and the corresponding amounts are paid directly to the worker in their payslip.
The employer’s contribution obligation remains in force, with the consequent continued accrual of the worker’s insurance position. The amounts received by the worker do not form part of taxable income.
The measure applies to workers who meet the conditions for early retirement by 31 December 2026 and who choose to continue the employment relationship. Access to the incentive is subject to a specific communication to INPS, which verifies the existence of the conditions and notifies the employer accordingly.<\/p>\n\n\n\n

5 March 2026
Equal Opportunities and Discrimination
Maternity Leave and Performance Bonus: Exclusion Is Unlawful and Discriminatory<\/strong>
Taranto Tribunal<\/em><\/h3>\n\n\n\n

A worker brought proceedings claiming that she had been excluded from the annual productivity bonus on the grounds that she had been absent for the entire relevant period, having taken compulsory maternity leave. The employer had considered it impossible to carry out an individual performance assessment in the absence of any work performed.
The Tribunal upheld the claim, characterising the conduct as direct gender discrimination. The exclusion from the bonus was found to be based solely on the exercise of a right connected to maternity, resulting in economic harm to the worker.
According to the judge, absence on compulsory leave cannot give rise to negative consequences either in terms of pay or professional standing. The employer is required to adopt alternative and neutral assessment criteria capable of reconstructing, on a notional basis, the performance not rendered. Among such criteria, recourse to the average of assessments achieved in previous years is considered lawful.
In the absence of such corrective measures, the company effectively transfers the cost of maternity onto the worker, contrary to the principles of equal treatment. The employer is consequently required to pay the bonus, reconstructed on the basis of historical performance, together with the statutory ancillary amounts.<\/p>\n\n\n\n

14 January 2026
Employed and Self-Employed Work
Doctors in Private Clinics: Subordination Established Even Without Strict Working Hours<\/strong>
Milan Court of Appeal<\/em><\/h3>\n\n\n\n

A worker brought proceedings against the company where she had worked for several years as a specialist doctor, seeking recognition of the subordinate nature of the relationship and the consequent economic entitlements. The Tribunal dismissed the claim, emphasising her professional autonomy and the absence of strict working hour constraints. The decision was appealed.
The Court of Appeal overturned the ruling and recognised the existence of subordination. The judges noted that the activity was stably integrated into the company’s organisation, with predetermined shifts, on-call duties, coordination by managers, and use of the company’s equipment and facilities. These elements were found indicative of subjection to organisational and managerial authority, even in the absence of continuous and detailed supervision.
The Court reaffirmed that, in highly qualified professional relationships, the exercise of direction may take attenuated forms, while functional integration into the employer’s organisation remains decisive. In this light, the continuity of performance, the scheduling of shifts, and coordination with the work of others take precedence over the professional’s technical freedom.<\/p>\n\n\n\n

31 March 2026
Dismissal for Exceeding the Sickness Absence Period
Exceeded Absence Limit and Employer Inaction: Continuation of Employment May Amount to Waiver of the Right to Dismiss<\/strong>
Court of Cassation, Labour Division<\/em><\/h3>\n\n\n\n

A worker was dismissed for exceeding the maximum sickness absence period, despite having returned to work for more than a year after already having surpassed that limit. The Tribunal dismissed her claim, while the Court of Appeal declared the dismissal unlawful, finding that the employer had tacitly waived the right to dismiss. The decision was confirmed by the Court of Cassation.
The Supreme Court reaffirmed that, once the maximum absence period has been exceeded, the employer may dismiss either during the illness or wait for the worker’s return to assess the value of continued employment. However, where the employment relationship continues for an appreciable period after the return to work without the employer exercising the right to dismiss, such inaction may constitute conclusive evidence of a waiver of that right.
In such a case, the worker acquires a legitimate expectation, free from any fault, that the employment will continue. The waiver relates to the absences already accumulated, which can no longer be relied upon as grounds for a subsequent dismissal, although the right to dismiss for new episodes of illness remains intact. The assessment of whether a waiver has occurred is a matter for the lower courts, to be determined on the specific facts in light of the duration of the continuation of employment and the circumstances of the case.<\/p>\n","protected":false},"excerpt":{"rendered":"

12 March 2026Privacy and Data ProtectionCompany Email: Worker Entitled to Full Access \u2014 Employer Filters and Redactions UnlawfulGarante Privacy A worker, following the termination of his employment, requested that the company grant him access to his company email account and provide a complete copy of its contents. The company allowed only partial access, limited to … Continued<\/a><\/p>\n","protected":false},"author":12,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[666],"tags":[],"area":[],"collana":[],"competenza":[],"class_list":["post-68801","post","type-post","status-publish","format-standard","hentry","category-news-en"],"acf":[],"yoast_head":"\nInsight No. 387 of april 20, 2026 - LEXIA<\/title>\n<meta name=\"description\" content=\""Rights and Duties in the Employment Relationship" - Insight No. 387, april 20, 2026 - Discover More - LEXIA\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Insight No. 387 of april 20, 2026 - LEXIA\" \/>\n<meta property=\"og:description\" content=\""Rights and Duties in the Employment Relationship" - Insight No. 387, april 20, 2026 - Discover More - LEXIA\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/\" \/>\n<meta property=\"og:site_name\" content=\"LEXIA\" \/>\n<meta property=\"article:published_time\" content=\"2026-04-20T10:25:40+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2026-04-20T10:25:42+00:00\" \/>\n<meta name=\"author\" content=\"AlessandroL\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"AlessandroL\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/\",\"url\":\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/\",\"name\":\"Insight No. 387 of april 20, 2026 - LEXIA\",\"isPartOf\":{\"@id\":\"https:\/\/www.lexia.it\/#website\"},\"datePublished\":\"2026-04-20T10:25:40+00:00\",\"dateModified\":\"2026-04-20T10:25:42+00:00\",\"author\":{\"@id\":\"https:\/\/www.lexia.it\/#\/schema\/person\/dac425a5d2ca6d23ce6aaf94f0294042\"},\"description\":\"\\\"Rights and Duties in the Employment Relationship\\\" - Insight No. 387, april 20, 2026 - Discover More - LEXIA\",\"breadcrumb\":{\"@id\":\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.lexia.it\/en\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"”Rights and Duties in Employment Relationships” – Insight No. 387 of aprile 20, 2026\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.lexia.it\/#website\",\"url\":\"https:\/\/www.lexia.it\/\",\"name\":\"LEXIA\",\"description\":\"\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.lexia.it\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.lexia.it\/#\/schema\/person\/dac425a5d2ca6d23ce6aaf94f0294042\",\"name\":\"AlessandroL\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.lexia.it\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/637a3f81986063eb2d8a73e2af91a25b2f58087feabd9f344722fec784800522?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/637a3f81986063eb2d8a73e2af91a25b2f58087feabd9f344722fec784800522?s=96&d=mm&r=g\",\"caption\":\"AlessandroL\"},\"url\":\"https:\/\/www.lexia.it\/en\/author\/alessandrol\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Insight No. 387 of april 20, 2026 - LEXIA","description":"\"Rights and Duties in the Employment Relationship\" - Insight No. 387, april 20, 2026 - Discover More - LEXIA","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/","og_locale":"en_US","og_type":"article","og_title":"Insight No. 387 of april 20, 2026 - LEXIA","og_description":"\"Rights and Duties in the Employment Relationship\" - Insight No. 387, april 20, 2026 - Discover More - LEXIA","og_url":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/","og_site_name":"LEXIA","article_published_time":"2026-04-20T10:25:40+00:00","article_modified_time":"2026-04-20T10:25:42+00:00","author":"AlessandroL","twitter_card":"summary_large_image","twitter_misc":{"Written by":"AlessandroL","Est. reading time":"9 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/","url":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/","name":"Insight No. 387 of april 20, 2026 - LEXIA","isPartOf":{"@id":"https:\/\/www.lexia.it\/#website"},"datePublished":"2026-04-20T10:25:40+00:00","dateModified":"2026-04-20T10:25:42+00:00","author":{"@id":"https:\/\/www.lexia.it\/#\/schema\/person\/dac425a5d2ca6d23ce6aaf94f0294042"},"description":"\"Rights and Duties in the Employment Relationship\" - Insight No. 387, april 20, 2026 - Discover More - LEXIA","breadcrumb":{"@id":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.lexia.it\/en\/2026\/04\/20\/insight-387-april-20-2026\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.lexia.it\/en\/"},{"@type":"ListItem","position":2,"name":"”Rights and Duties in Employment Relationships” – Insight No. 387 of aprile 20, 2026"}]},{"@type":"WebSite","@id":"https:\/\/www.lexia.it\/#website","url":"https:\/\/www.lexia.it\/","name":"LEXIA","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.lexia.it\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.lexia.it\/#\/schema\/person\/dac425a5d2ca6d23ce6aaf94f0294042","name":"AlessandroL","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.lexia.it\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/637a3f81986063eb2d8a73e2af91a25b2f58087feabd9f344722fec784800522?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/637a3f81986063eb2d8a73e2af91a25b2f58087feabd9f344722fec784800522?s=96&d=mm&r=g","caption":"AlessandroL"},"url":"https:\/\/www.lexia.it\/en\/author\/alessandrol\/"}]}},"_links":{"self":[{"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/posts\/68801","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/comments?post=68801"}],"version-history":[{"count":2,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/posts\/68801\/revisions"}],"predecessor-version":[{"id":68803,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/posts\/68801\/revisions\/68803"}],"wp:attachment":[{"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/media?parent=68801"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/categories?post=68801"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/tags?post=68801"},{"taxonomy":"area","embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/area?post=68801"},{"taxonomy":"collana","embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/collana?post=68801"},{"taxonomy":"competenza","embeddable":true,"href":"https:\/\/www.lexia.it\/en\/wp-json\/wp\/v2\/competenza?post=68801"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}