Even 1 year after the transfer, the transferee who does not apply new collective agreements shall grant to the transferred employees the salary rights linked to the length of service provided by the collective agreement applied by the transferor

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With reference to a dismissal served because the employee refused to remove the veil upon a customer request, the Court stated that the dismissal was discriminatory, because it has been served without a valid justifying reason.

However, the Court confirmed its previous decision (lawsuit C-157/15) providing that a company policy may lawfully prohibit employees from wearing religious items, as long as justified by the Company’s target to be politically, philosophically and religiously neutral.

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If the Judge recognizes the probationary period covenant as null because it did not specifically pointed out duties and tasks to be performed, the related dismissal for failing the probationary period is not null and void, but it is unjustified, thus the employee will be entitled to the indemnity, not to the reinstatement.

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The so-called Fiscal Decree, in place as of April 24^th, 2017, contains some new provisions related to the social indemnity for anticipated pension “APE” (art. 53), release of the document on social security contributions compliance “DURC” (art. 54) and productivity bonuses (art. 55). The Decree shall be converted into law within 60 days following its publication on the Official Journal.

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After the conversion of the Legislative Decree no. 25/2017 into law, the abolition of the labor vouchers becomes final. The labor vouchers are no longer purchasable, and those bought within March 17^th, 2017 can be used until December 31^st, 2017. The Court of Cassation has then ruled that the related referendum scheduled on May 28^th, 2017 will no longer take place.

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It is lawful the dismissal served, after the disciplinary process, to the employee charged for several absences from work, grounded on depression not certified by the doctor.

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In case of dismissal for abolition of the position, the burden of proof that it was not possible to proceed to the repéchage is always on the employer, who shall prove the absence of equivalent positions within the Company that could be assigned to the redundant employee.

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It represents a just cause of dismissal the behavior of the employee who is absent from work for planned time off, and lengthen his absence by faking an illness.

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In order to obtain damages for workplace mobbing, it is not enough to prove that the employer misclassified the employee and transferred him unlawfully, but it shall be proved that the employer’s decisions were aimed to oppress and socially marginalize the employee.

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During the disciplinary process, the employer is not obliged to listen the employee’s justifications at the presence of a lawyer, instead of a Union member, not even when the facts alleged are the same one for which the employee is facing a criminal lawsuit.

It is lawful the dismissal served for just cause to the employee charged for taking part in a crime, if his participation has been discovered from wiretappings that can be used as proofs within the civil lawsuit.

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After a request of a company who intended to provide geo-localization systems within its company cars, the Privacy Authority confirmed that it is necessary an agreement with the Union and that it shall be protected the employees’ privacy

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