Stanchi Studio Legale updates

Employee challenges dismissal following transfer of undertaking
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • October 18 2017

An employee recently challenged her dismissal, claiming that she had been employed by a cooperative as a cleaner in a healthcare structure under a contract between the two parties. The healthcare structure was subsequently incorporated into another company, which decided to internalise the services performed by the cooperative and terminate the contract between the two parties. The Court of Milan declared the dismissal to be unlawful on the grounds that a transfer of undertaking had occurred.

Supreme Court decides on dismissal of employee who left workplace without authorisation
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • August 09 2017

The Supreme Court recently issued a decision concerning an employee's dismissal for just cause on the grounds of leaving the workplace without authorisation and conducting his work in a different location. The Supreme Court has repeatedly confirmed that the existence of a just cause for dismissal must be established in relation to the seriousness of the employee's conduct and the proportionality between that conduct and any resulting penalties.

Supreme Court overturns Employment Tribunal decision regarding employee breach of company IT policy
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • May 17 2017

A recent Supreme Court decision found that if an employee breaches internal policies regulating access to and use of a company's IT systems, he or she can be prosecuted for illegal access to an IT system under Article 615ter of the Criminal Code. The case concerned an employee who sent three emails to which he had attached a database regarding company know-how and files containing data on the company's revenue.

Supreme Court finds that employees not granted right to continue employment with new contractor
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • March 08 2017

In a recent decision, the Supreme Court stated that in the case of a change of contractor, employees of the previous contractor are not automatically granted the right to continue their employment relationship with the new contractor, as provided for by Article 2112 of the Civil Code, which relates to the transfer of an undertaking. The case concerned the termination of a parking service contract by an Italian municipality, which had agreed a new contract with an in-house company.

Supreme Court rules on dismissal for economic reasons
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • December 21 2016

A recent Supreme Court decision found that an employer can dismiss an employee for economic reasons only if he or she cannot be assigned to a different role in the company. In particular, the court affirmed that a role offered as an alternative to dismissal can require an employee to perform lower-grade tasks than previously. Therefore, the previous ban on agreements concerning the assignment of employees to lower-level roles has been relaxed.

Court rules on transfer of undertaking and change of contractor
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • November 02 2016

In a recent trial court case, an employee applied for reinstatement by a new contractor – which had taken over the loading and unloading contract at an incinerator – under the rules concerning the transfer of an undertaking. The court confirmed that an employee has the right to continue an employment relationship with a new contractor under the same conditions acquired under the previous employer.

Transfer of undertaking for financial reasons not ground for dismissal
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • August 24 2016

The Court of Rome recently ruled that the transfer of an undertaking is not a ground for dismissal for economic reasons when an employment relationship continues with another employer. The decision concerned a dismissal at the end of a collective dismissal procedure by Alitalia to identify redundancies in the context of the company's sale to a new company and an international partnership with Etihad Airways.

Recent Supreme Court decisions on validity of dismissals
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • June 29 2016

The Supreme Court recently issued three decisions regarding the validity of dismissals following disciplinary procedures and the evaluation of proportionality between the alleged conduct of employees and the decision to dismiss them. The judgments confirm that when determining the validity of dismissals there must be consistency between the employee's alleged conduct, the acts committed and the assessment of their gravity.

Supreme Court decision on monitoring employee through access badge system
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • June 08 2016

The Supreme Court recently issued a decision regarding Section 4 of the Workers' Statute, concerning the remote monitoring of employees through an access badge verification system. The court ruled that an unauthorised access badge radio-frequency identification system was illegal and that the access badge system in question facilitated the global monitoring of employees.

Privacy, employee assessments and email
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • May 11 2016

The courts recently issued two decisions regarding privacy and access to company email accounts. The first established that an employee can access employee assessments to verify whether they have been conducted according to good-faith standards. The second confirmed that access to a corporate email account need not be provided to an employee seeking reinstatement, as such an account can be used only during a working relationship.

Unauthorised access of computer system by former employee
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • April 13 2016

The Supreme Court recently issued a decision in a case regarding an employee's violation of the Penal Code after he had resigned. Article 615ter of the code punishes anyone who gains unauthorised access to computer or telecommunications systems protected by security measures or who maintains access against the express or implied permission of the party that has the right to block access to it.

Data Protection Authority backs decision to suspend employee for unauthorised access to company data
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • March 16 2016

An employee recently appealed to the Data Protection Authority against his employer processing personal data stored on his work computer. The computer had been seized when the employee was suspended due to alleged unauthorised access to confidential information. The authority found that the suspension was a legitimate defence against the employee's breach of the Privacy Code and the Civil Code.

Mobbing claims: persecutory conduct must be intentional
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • January 27 2016

The Supreme Court has issued a decision concerning workplace harassment – so-called 'mobbing' – with specific attention to the intentionality of the persecutory conduct. The case involved an employee who claimed against his employer for an injury allegedly derived from the employer having placed the employee on unemployment insurance and forcing him to take a short vacation.

Disciplinary proceedings and access to company documents
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • December 16 2015

The Supreme Court recently issued a decision regarding disciplinary proceedings during which the employer did not make the documents that informed the letter of reprimand available to the employee under review. The court found that the dismissal was illegitimate, as an employer must allow an employee subject to disciplinary review to examine the documents that informed the letter of reprimand if it is deemed fundamental for his or her defence.

Defensive monitoring of employees through GPS
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • December 09 2015

The Supreme Court recently issued a decision that clarified a number of points regarding Section 4 of the Workers' Statute with regard to defensive monitoring of employees via work tools. The case involved the use of a Global Positioning System (GPS) to monitor the movements of an employee using a company car. Under the law, the car and its GPS fall within the scope of a work tool because they aid the performance of employment obligations.

First impressions of recent labour law reforms
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • November 04 2015

A series of labour law reforms were recently passed by Parliament, including amendments to Section 4 of the Workers' Statute. Under the changes, the general ban on monitoring employee activity through equipment designed for that purpose has been removed. The changes have enhanced the consistency of rules that protect a company's technological assets.

Court rules on termination of employment for objective reasons
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • September 09 2015

The Supreme Court recently issued a decision regarding the termination of employment for objective reasons. Consistent with previous case law, the decision underlined the substantial prerequisites for early termination for economic reasons – namely, the existence of production and organisational factors which must be evaluated based on facts that were present at the time of the dismissal.

Court rejects challenge of dismissal based on unauthorised remote monitoring
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • July 01 2015

The Supreme Court recently rejected an employee's challenge of dismissal. The employee had invoked Article 4 of Act 300/1970 to complain about his employer's use of remote monitoring without employee consent. However, the court clarified that when an investigation is focused on the protection of a company's assets rather than an employee's fulfilment of obligations, it is outside the scope of the act.

Court rules on employee rights in event of branch transfer
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • May 13 2015

The Supreme Court recently issued two decisions on employee rights in the event of a transfer of an undertaking. The first decision concerned the functional autonomy needed for transferred employees to organise and carry out work independently. The second decision examined the effects that the transfer of a branch of a business deemed to be ineffective has on employee rights.

Jobs Act ushers in labour reforms
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • January 28 2015

Parliament recently approved the so-called 'Jobs Act', which instructs the government to enact within six months numerous decrees necessary to bring about significant changes to Italian labour law. Among other things, the law provides for contracts with increased protections for new employees and amends the rules governing the demotion of workers.

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