After the approval of the law on “whistleblowing”, the Italian private companies subject to the s.c. Compliance Model provided by Legislative Decree no. 231/2001, shall adapt their model to the new law provisions. First of all, the companies shall provide a double communication channel ensuring the protection of the identity of those who expose wrongdoings or violations of the Compliance Model that they found out about while performing their functions.

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The employer cannot reset the employees’ right to the indemnity in lieu of holidays. Therefore, the Member States shall prevent national laws from enabling the employers not to pay the indemnity in lieu of holidays (nor to eliminate the holidays accrued and not used), for reasons not related to the employee.

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According to the European Court of Human Rights, the CCTV camera systems installed beyond the targets provided by the law, in public areas where professional activities take place, violate Art. 8 of the European Convention on Human Rights, protecting the right to individuals’ private life.

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When the company, in order to save money, fails to comply the duty to prepare the document on risk assessment in the workplace and the employee is not properly informed about the risks connected to all the phases of the working process, the company is subject to the heavy fine provided by Legislative Decree no. 231/2001.

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It is lawful to dismiss an employee, who has been arrested, for unjustified absence when he does not inform the employer about the reasons of his absence, nor prove the impossibility to have external contacts.

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According to the Supreme Court of Cassation, the favorable tax scheme under Art. 51, par. 6, of the income Tax Law can be applied to business trips customary makers: therefore, only the 50% of the amounts of the related indemnities shall be subject to tax and social security contributions.

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It is lawful to dismiss an employee who does not achieve the productive standards set by the employer, regardless of difficulties arising from physical disabilities that has not been previously notified to the employer.

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It is lawful the dismissal for just cause served to the employee who sent emails, providing rude and offensive phrases, to the Company’s legal representative and collaborators.

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The Italian Labor Inspector (INL) has pointed out that alarm systems with cameras installed within company premises require the approval of the Italian Labor Inspectors, when there is no agreement with unions. However, the Labor Inspectors shall release the authorizations as soon as possible, with no inquiry phase.

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The Minister of Labor provided the first clarifications about how to calculate the maximum duration of the salary integration (ordinary and extraordinary treatments), with reference to the 5 years period and to the mobile 2 years period.

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INAIL (Italian Institute of Insurance for Occupational Accident and Disease) published the first guidelines about health and safety protections for “smart working” employees, remarking that the insurance for occupational accidents and diseases is also required for services carried out outside the company premises.

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by Paola Gobbi and Marilena Cartabia

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by Andrea Savoia e Silvia Fumagalli

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