One of the most significant challenges emerging in the field of Italian Labor Law (and HR) Compliance is the correct interpretation of EU legislation and its closely linked adoption into Italian national law.

The obligations to comply requires, in some cases an assessment of whether - and how - the principles established by the European Union are actually consistent with their application in Italian domestic law (within the framework of the subsidiarity principle applicable at EU Community level).

Although this is a task that Italian judges are often called upon to reflect on in the courts - it can also involve those (including employers and employees) who must apply the rules and principles in their daily work in order to avoid litigation. A principle that appears abstractly uniform at the EU level can - in the daily practice of a single Member State such as Italy (and within the companies) - take on different operational implications or lead to application conflicts with respect to the original intentions of the European Union law makers.

One of the areas that most reflects this challenge is the legislation on whistleblowing which requires, through EU Directive 2017/1937 and the (renewed) Italian Legislative Decree of 2023 the no. 24, companies to take into account the protection not only of the reporting of violations of national Italian or European Union laws that h...