Insights

Practical updates and perspectives on Italian employment law

Italy prohibits employment decisions made solely by AI

From 23 October 2026, Italian employers cannot base final employment decisions solely on artificial intelligence. Dismissals and disciplinary measures adopted without effective human decision-making may be null and void.

When an Algorithm Becomes the Employer

Calling a rider self-employed does not settle their legal status. A Turin judgment shows how ratings, geolocation and algorithmic access to assignments may amount to employer control—and turn waiting time into paid working time.

Can an Employee Be Dismissed by WhatsApp in Italy?

A WhatsApp voice message may communicate an employer’s intentions clearly, but it does not constitute a written dismissal under Italian law. A recent judgment shows why informal communications can expose employers to reinstatement and substantial financial consequences.

An employee’s evidence in court may have disciplinary consequences

Evidence given in court is not automatically protected from disciplinary scrutiny. The Italian Supreme Court (Order No. 25687 of 22 September 2026) has clarified when an allegedly false statement may affect the employment relationship – and why dismissal still requires a careful factual assessment.

When Reinstatement Does Not End NASpI Entitlement

A reinstatement order does not automatically end an employee’s entitlement to Italian unemployment benefits. A recent Supreme Court judgment distinguishes between the formal restoration of employment and its effective implementation in practice.

Italy rewards certified family-friendly employment policies

Italy is introducing a social-security contribution exemption for employers certified under the new family-and-work reconciliation standard (UNI/PdR 192:2026). The incentive may reward companies adopting measurable policies supporting parenthood and family care, although further INPS instructions are still required.

Italy introduces the new TFR3 form for private-sector hires

Italy has introduced a new form governing the destination of TFR for private-sector employees hired from 1 July 2026. International employers should update their onboarding procedures and ensure that new hires receive the required information about automatic pension-fund enrolment.

A senior consultant may still be an employee despite substantial autonomy

A consultancy agreement does not necessarily prevent an Italian court from finding an employment relationship. A recent Supreme Court decision shows why even highly autonomous senior professionals must be assessed by reference to how the relationship operates in practice.

When Payroll Practice Rewrites Pay in Italy

Repeated payroll choices can become legally binding in Italy. A recent Supreme Court decision confirms that consistently treating an individual salary supplement as non-absorbable may create a company custom that cannot be reversed through a simple change to the next payroll.

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