Employment & Benefits, Stanchi Studio Legale updates

Italy

Contributed by Stanchi Studio Legale
Supreme Court finds that recordings of employer-employee discussions can be used as evidence in lawsuits
  • Italy
  • 31 October 2018

The Supreme Court recently examined the use of recordings of employer-employee discussions as evidence in a lawsuit and provided a number of useful principles in this regard. For example, this type of recording can be used as evidence if at least one of the individuals involved in the recorded discussion is a party to the lawsuit and the party against whom the recording has been filed as evidence has not duly contested its actuality or content.

Criterion under Jobs Act to determine indemnity in case of dismissal deemed unlawful
  • Italy
  • 17 October 2018

The Constitutional Court has deemed unlawful the provision of the Jobs Act concerning indemnity in the case of the unlawful dismissal of employees hired after March 2015. According to the court's first press release, the sole criterion of an employee's seniority provided by the act for the calculation of the indemnity is contrary to the principles of reasonableness and equality, as well as the employment rights and protection provided by Articles 4 and 35 of the Constitutional Chart.

Supreme Court finds dismissal unlawful due to use of investigator to monitor job performance
  • Italy
  • 18 July 2018

The Supreme Court recently found that a dismissal for just cause is unlawful if the employer uses an investigator to monitor an employee's job performance. The ban on the use of investigative agencies also applies to activities carried out by employees off their employer's premises and renders investigative reports unusable unless they concern behaviour that suggests criminal activity.

Employees can be dismissed if job is eliminated in company reorganisation
  • Italy
  • 09 May 2018

The Supreme Court recently found that in the case of a dismissal of an executive due to cost reductions, the main requirement is that the company's reorganisation process must be genuine. Employers are not required to prove that they are in economic difficulty. Rather, it is enough for them to demonstrate that the employee's job will no longer exist due to organisational changes.

Supreme Court decision on use of cameras in workplace and protection of employee dignity and privacy
  • Italy
  • 28 February 2018

The Supreme Court recently stated that an employer that installs a camera in its workplace to monitor an employee's activity can be found guilty of a crime under Decree-Law 196/03, even if the camera was installed to protect goods and property. The court found that the dignity and privacy of the employee in question were more worthy of protection than the economic value of corporate goods and property and that reforms in this regard introduced by the Jobs Act were inapplicable.


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