Stanchi Studio Legale updates

Privacy, employee assessments and email
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 11 May 2016

The courts recently issued two decisions regarding privacy and access to company email accounts. The first established that an employee can access employee assessments to verify whether they have been conducted according to good-faith standards. The second confirmed that access to a corporate email account need not be provided to an employee seeking reinstatement, as such an account can be used only during a working relationship.

Unauthorised access of computer system by former employee
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 13 April 2016

The Supreme Court recently issued a decision in a case regarding an employee's violation of the Penal Code after he had resigned. Article 615ter of the code punishes anyone who gains unauthorised access to computer or telecommunications systems protected by security measures or who maintains access against the express or implied permission of the party that has the right to block access to it.

Data Protection Authority backs decision to suspend employee for unauthorised access to company data
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 16 March 2016

An employee recently appealed to the Data Protection Authority against his employer processing personal data stored on his work computer. The computer had been seized when the employee was suspended due to alleged unauthorised access to confidential information. The authority found that the suspension was a legitimate defence against the employee's breach of the Privacy Code and the Civil Code.

Mobbing claims: persecutory conduct must be intentional
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 27 January 2016

The Supreme Court has issued a decision concerning workplace harassment – so-called 'mobbing' – with specific attention to the intentionality of the persecutory conduct. The case involved an employee who claimed against his employer for an injury allegedly derived from the employer having placed the employee on unemployment insurance and forcing him to take a short vacation.

Disciplinary proceedings and access to company documents
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 16 December 2015

The Supreme Court recently issued a decision regarding disciplinary proceedings during which the employer did not make the documents that informed the letter of reprimand available to the employee under review. The court found that the dismissal was illegitimate, as an employer must allow an employee subject to disciplinary review to examine the documents that informed the letter of reprimand if it is deemed fundamental for his or her defence.

Defensive monitoring of employees through GPS
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 09 December 2015

The Supreme Court recently issued a decision that clarified a number of points regarding Section 4 of the Workers' Statute with regard to defensive monitoring of employees via work tools. The case involved the use of a Global Positioning System (GPS) to monitor the movements of an employee using a company car. Under the law, the car and its GPS fall within the scope of a work tool because they aid the performance of employment obligations.

First impressions of recent labour law reforms
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 04 November 2015

A series of labour law reforms were recently passed by Parliament, including amendments to Section 4 of the Workers' Statute. Under the changes, the general ban on monitoring employee activity through equipment designed for that purpose has been removed. The changes have enhanced the consistency of rules that protect a company's technological assets.

Court rules on termination of employment for objective reasons
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 09 September 2015

The Supreme Court recently issued a decision regarding the termination of employment for objective reasons. Consistent with previous case law, the decision underlined the substantial prerequisites for early termination for economic reasons – namely, the existence of production and organisational factors which must be evaluated based on facts that were present at the time of the dismissal.

Court rejects challenge of dismissal based on unauthorised remote monitoring
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 01 July 2015

The Supreme Court recently rejected an employee's challenge of dismissal. The employee had invoked Article 4 of Act 300/1970 to complain about his employer's use of remote monitoring without employee consent. However, the court clarified that when an investigation is focused on the protection of a company's assets rather than an employee's fulfilment of obligations, it is outside the scope of the act.

Court rules on employee rights in event of branch transfer
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 13 May 2015

The Supreme Court recently issued two decisions on employee rights in the event of a transfer of an undertaking. The first decision concerned the functional autonomy needed for transferred employees to organise and carry out work independently. The second decision examined the effects that the transfer of a branch of a business deemed to be ineffective has on employee rights.

Jobs Act ushers in labour reforms
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 28 January 2015

Parliament recently approved the so-called 'Jobs Act', which instructs the government to enact within six months numerous decrees necessary to bring about significant changes to Italian labour law. Among other things, the law provides for contracts with increased protections for new employees and amends the rules governing the demotion of workers.

Supreme Court rules on workplace harassment conditions
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 26 November 2014

The Supreme Court has issued a noteworthy decision concerning workplace harassment – so-called 'mobbing' – and its prerequisite conditions. In accordance with case law, the court has identified four primary factors which must be present in order to make a workplace harassment claim, while also stressing that the employee must provide evidence of these factors in the first-instance application.

Labour ministry clarifies new rules on fixed-term contracts and apprenticeships
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 15 October 2014

The Ministry of Labour and Social Policies has issued new guidelines in relation to the recent legislative changes introduced for fixed-term contracts, temporary work administration and apprenticeships. Among other things, the circular clarifies the method for calculating the maximum number of fixed-term contracts that an employer may conclude.

Supreme Court rules on illegitimate fixed-term contract and compensation
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 27 August 2014

The Supreme Court has issued a noteworthy decision concerning compensation under Article 32 of Law 183/2010 for unlawful fixed-term employment contracts. This decision is particularly relevant, as it affirms that Article 32 ensures that employees hired under an unlawful fixed-term contract are entitled to a permanent employment relationship and compensation.

Court clarifies status of employment contracts in transfer of business branch
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 28 May 2014

The Supreme Court recently issued a significant decision concerning a transfer of part of an undertaking. The Supreme Court confirmed the Court of Appeal's decision, which held that the transfer of a business branch and the related transfer of employment contracts had no effect on employees; as a result, the employment relationship with the transferor remained unchanged.

Supreme Court rules on disciplinary proceedings during sick leave
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 05 March 2014

The Supreme Court recently issued a decision concerning an employee's dismissal following disciplinary proceedings that took place during the employee's sick leave. The Supreme Court took the occasion to underline the consolidated case law on the relationship between the employer's right of termination and the employee's right to sick leave.

Supreme Court rules on protection of employee data
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 20 November 2013

The Supreme Court has issued its decision in a case involving a municipality that published personal data on its website relating to an employee's absence for having contracted a disease and the existence of judicial proceedings between the parties relating to alleged bullying. Among other things, the decision raises the issue of the extent of privacy protection afforded to an employee's job profile within the organisation.

Supreme Court considers employee rights in transfer of business
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 16 October 2013

In four recent decisions the Supreme Court considered employment issues arising from transfers of business. The cases involved, among other things, the dismissal of an employee following a reorganisation, the illlegitimate demotion of a group of workers transferred from one company to another and the quantification of non-pecuniary damage in case of employee demotion.

Supreme Court clarifies specifics of redundancy notices
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 31 July 2013

The Supreme Court recently issued a decision concerning the redundancy notice that employers must submit before laying off employees. The case concerned a company whose redundancy notice merely specified the number of redundant employees and listed their job profiles in general terms. Controversially, the company also noted the employees' eligibility for retirement in the notice.

Supreme Court rules on demotion and excessive workload
Stanchi Studio Legale
  • Employment & Benefits
  • Italy
  • 24 July 2013

The Supreme Court recently issued a decision that deals with two specific issues concerning employee demotion and employer 'mobbing' conduct (ie, bullying in the workplace). The decision is particularly relevant, as it excluded employer liability related to mobbing because the employee submitted no evidence of employer misconduct.

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