No reinstatement for the bellhop hired through the so-called increasing protection contract and dismissed for just cause, as a result of several charges, such as entering in the princess suite without the supervisor’s authorisation; the employee is entitled only to damages. Download Tribunal of Milan, January 18th, 2018
Videos taken by cameras installed in the workplace to protect corporate assets can be used in a criminal trial even if the defendant is an employee, since the Workers Statute does not forbid s.c. defensive control. Nevertheless, the employer who installs a micro camera in a split air conditioning system, despite his aim to protect corporate assets, risks to be sentenced for violation of privacy laws if the cameras are installed without previous agreement with unions. Download Court of Cassation criminal section, January 31rd, 2018, no. 4564
In case of injury during the secondment, the host company is responsible under Art. 2049 of the Italian Civil Code since the host company takes the directive and organisational power over the seconded employee and, as a result, the obligation to provide health and safety in the workplace. Download Court of Cassation, January 23rd, 2018, no. 1574
It is unlawful to dismiss the employee who goes out for short walking and to swim in the sea during the sick leave, since it is considered compatible with the therapy to recover the muscle tone. Therefore, the employee’s behaviour did not delay his return to work. Download Court of Cassation, January 18th, 2018, no. 1173
It is lawful to dismiss the employee who works in his wife’s pizzeria during the parental leave granted to take care of his disabled child: the employee’s misconduct is an abuse and represents a just cause for dismissal. Download Court of Cassation, January 11th, 2018, no. 509
If the NCBA does not provide a (strong) argument with a colleague as just cause for termination, the dismissal without notice is deemed to be disproportionate and therefore the Judge shall recognize the damages ranging from 12 to 24 months’ salaries instead of 6-12 months’ salaries. Download Court of Cassation, January 6th, 2017, no. 29239
The Italian Data Protection Authority (DPA) allows a system to control the use of company SIMs granted to the employees; this system was installed after an agreement with Unions. According to the DPA, data processing must respect the employees’ privacy, therefore it is required a disciplinary code to regulate the utilization of the company SIMs. Download Italian Data Protection Authority, Decision no. 3 dated January 11th, 2018
According to the Italian Labour Inspector, the secondment is compatible with apprenticeship, providing that all legal requirements are present, such as the interest of the employer to second the apprentice temporarily, the express prevision of the secondment in the training program and an adeguate tutor provided by the employer. Download Italian Labour Inspector, Note no. 290 dated January 12th, 2018
As of January 1st, 2018, new rules for mandatory employment of persons with disabilities have entered into force: by March 2nd, 2018, employers who employ from 15 to 35 employees shall fill the employment quotas. In case of failure to comply with the obligation, they will be ordered to pay a daily sanction equal to 153.20 Euro per each day of violation and per each disabled person not hired.a.
On January 26th, 2018 Federmeccanica, Assistal and FIM-CISL, FIOM-CGIL, UILM-UIL reached an agreement to edit some inaccuracies of the NCBA for Metalworkers signed on 26th November 2017, in particular the prevision regarding the notice period in case of dismissal. Download Errata dated January 26th, 2018
