Employment law cases, rulings, and noteworthy developments from the past month: join us as we discuss and analyze them!
A podcast curated by Stefano Trifirò, Mariapaola Rovetta Arici, Teresa Cofano, and Jacopo Moretti – T&P Avvocati.
Pay transparency is reshaping compensation practices across Europe. The new EU rules do not allow employees to access colleagues' individual salaries but instead provide the right to receive aggregated and anonymized pay data. They also introduce new recruitment requirements, including salary disclosure in job postings and a ban on asking candidates about previous pay. For employers, compliance will require a strategic review of compensation frameworks and job evaluation systems, reflecting a broader cultural shift toward fairness and transparency.
The probationary period is a tool that companies are generally familiar with, but in practice it is often taken for granted or used imprecisely. When properly structured, however, it represents a key step in assessing whether the employment relationship truly works—for both the company and the employee.
In today’s episode, we address a topic that is both highly topical and particularly sensitive for professionals involved in HR management and employment law advisory work: the genuineness of outsourcing arrangements, the use of so-called “sham cooperatives,” secondments, and the related risk of insubordination.
The Constitution protects freedom of expression and the right to criticize, but this right is not absolute: when words cross the line and become insults or defamation—especially in a public setting—the consequence may include dismissal.
In today’s digital environment, private and public communications often take place on the same platforms. It is crucial, however, to recognise that private chats and messages constitute confidential correspondence. In the absence of a valid legal basis, any monitoring or processing of such communications by an employer is unlawful. Privacy must prevail over corporate curiosity—this is not only a matter of good practice, but a principle enshrined in Article 15 of the Italian Constitution, which safeguards the freedom and secrecy of correspondence. The demarcation between private life and professional responsibility is subtle but not imperceptible. Every word expressed online has the potential to generate legal and professional consequences. For this reason, clear internal policies, transparent procedures, and a heightened awareness on the part of employees, HR professionals, managers, and executives are indispensable.
With Judgment No. 68 of 2025, the Italian Constitutional Court declared unconstitutional the provision contained in Law No. 40 of 2004 insofar as it fails to recognise the status of parent to the intentional mother in same-sex female couples. Indeed, the failure to recognise the intentional mother deprives the child of one of their primary caregivers, with consequences extending to legal and social protections. Employers have the opportunity to act in advance of legislative reform by implementing inclusive workplace policies that extend equal parental benefits to both parents, regardless of formal legal recognition. Such policies foster not only a more equitable and respectful work environment for diverse family models, but also support the psychological and emotional well-being of children—who are the primary beneficiaries of the stable presence of both parental figures.
Today we're diving into a topic that is as strategic as it is delicate: the non-compete agreement. What is it really? When is it valid? And what are the risks for those who violate it? A non-compete agreement is a valuable tool to protect a company’s know-how and business interests—but it must be handled with care. If poorly written, it can be void. If too vague, it becomes useless. If overly restrictive, it may even be harmful. An effective agreement starts with clear, tailored choices. If you're an employer, HR professional, or legal advisor, stay with us—we’ll share practical tips to help you avoid common mistakes and make the most of this powerful but delicate tool.
Can AI really decide who gets hired or dismissed? And if it does, what guarantees do we have that its decisions are fair, transparent and non-discriminatory? In an increasingly automated world of work, we face urgent questions: can algorithms violate workers' rights? And what does the law say to protect them? We discuss this in the podcast hosted by lawyers Stefano Trifirò, Mariapaola Rovetta Arici and Jacopo Moretti.
Podcast by Lawyers Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners Abuse of Rights is a highly relevant issue that frequently arises in the dynamics between employers and employees, particularly in contexts involving the use of paid leave to care for disabled family members. A typical example of abuse of rights […]
