It is lawful to dismiss an employee by sending him a WhatsApp message, since the dismissal is considered compliant with the requirement that it must be served in writing to make the employee aware of the employer’s will. By filing a copy of the message at the trial, the employee proved to be aware of the employer’s will. Download Court of Appeal of Rome, April 23rd, 2018
When the employee uses the company’s PC to play at Free-Cell, the employer can provide an IT check on the employee’s PC aimed to ascertain the employee’s misconducts damaging the company assets. Therefore, the related dismissal is lawful. Download Court of Cassation, May 28th, 2018, no. 13266
The Court of Cassation has stated that it is anti-union behavior to replace employees on strike with their colleagues at higher levels who exceeded the overtime legal limits, because the utilization of such colleagues were not minimum nor ancillary. Download Court of Cassation, May 22nd, 2018 no. 12551
It is lawful to dismiss the doctor who works in a private clinic, for orally assaulting and threatening the superior and the administrative staff in front of colleagues and patients, when the applicable NCBA does not provide a conservative sanction for such a misconduct. Download Court of Cassation, May 17th, 2018 no. 12102
It is lawful to dismiss the employee who secretly recorded a conversation of the superior and a company meeting, in order to report the company workplace bulling, not proved in Court: such a behavior violates the colleagues’ right to privacy. The employee is allowed to record his phone conversations with his superiors, in order to defend himself in a disciplinary proceeding, as long as the employee takes all the precautions needed to avoid to spread the records. The employee’s behavior is considered lawful then not subject to a disciplinary procedure, therefore the employee is entitled to be reinstated. Download Court of Cassation, May 16th, 2018 no. 11999 Court of Cassation, May 10th, 2016 no. 11322
In case of injury at work of the temporary worker, the user is still responsible even under the Legislative Decree no. 81/2015, since the decree has provided, for the user, protection and prevention obligations similar to those required for his employees. Therefore, the user is responsible for all the activities performed in its interest. Download Court of Cassation, May 9th, 2018 no. 11170
It is lawful to dismiss for just cause the union representative employee, who posted two fake articles about the company’s welfare plan on the blog: the right to criticize is limited to the objective truth, otherwise it violates the fiduciary relation. Download Court of Cassation, May 7th, 2018, no. 10897
On May 29th, 2018 it has been approved the Directive editing the existing EU rules on secondment (Directive 96/71/EC, as edited by Directive 2014/67/EU) aimed to face illegal use of cross border secondment. Member States shall update the national laws to the new provisions within two years. The provisional text of the Directive is available on the EU Parliament website.
On May 2nd, 2018, the two employers association of Rubber – Plastics sector (Federazione gomma e plastica and the AIRP) entered into with the trade unions Femca Cisl, Filctem Cgil and Uiltec Uil, a planning agreement on the economic treatment, providing the future salary increases and postponing the expiration date of the agreement to June 30th, 2019. Download Minutes of agreement, dated May 2nd, 2018
