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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Supreme Court has issued a noteworthy decision concerning workplace harassment – so-called 'mobbing' – and its prerequisite conditions. In accordance with case law, the court has identified four primary factors which must be present in order to make a workplace harassment claim, while also stressing that the employee must provide evidence of these factors in the first-instance application.
The Ministry of Labour and Social Policies has issued new guidelines in relation to the recent legislative changes introduced for fixed-term contracts, temporary work administration and apprenticeships. Among other things, the circular clarifies the method for calculating the maximum number of fixed-term contracts that an employer may conclude.
The Supreme Court has issued a noteworthy decision concerning compensation under Article 32 of Law 183/2010 for unlawful fixed-term employment contracts. This decision is particularly relevant, as it affirms that Article 32 ensures that employees hired under an unlawful fixed-term contract are entitled to a permanent employment relationship and compensation.