In brief
This publication features the latest developments in Italy's employment sector.
Key takeaways
Case law developments
- An employer is subject to limitations while conducting investigations to verify a breach of contract by an employee.
- An agency worker is entitled to a performance bonus in the same way as the user's employees.
- An employee who is a caregiver has the right to be exempted from night work.
- Criticizing the employer beyond reason can justify termination.
In more detail
Case law developments
- An employer is subject to limitations while conducting investigations to verify a breach of contract by an employee
For disciplinary dismissals, defensive checks carried out by an employer through private investigative agencies or technological tools (such as GPS) are lawful if carried out only after the facts have occurred and in the presence of other requirements. In a recent ruling, the Supreme court ordered the reinstatement and payment of compensation to an employee dismissed on disciplinary grounds, since the defensive checks conducted by the employer through GPS and private investigators were found to be unusable as evidence. These tools, in fact, may be used exclusively to detect unlawful conduct unrelated to the contractual relationship, such as fraudulent or criminal behavior, and not to verify a mere failure to perform work duties. Additionally, the activation of such checks always requires the prior existence of a well-founded suspicion supported by concrete, material, and objectively verifiable elements.
- An agency worker is entitled to a performance bonus in the same way as the user's employees
The Supreme court held that temporary agency workers are also entitled to performance bonuses paid to the employees hired by the user company, as the principle of equal overall economic treatment also extends to variable remuneration.
- An employee who is a caregiver has the right to be exempted from night work
The Supreme court ruled that an employee, who is a caregiver to a person with a disability, is exempt from the obligation to perform night work, regardless of the degree of disability of the assisted person. In the case at hand, the court rejected the employers' claim, stating that an employee who is married and living with a person with a disability, has the right to request to be exempted from night work.
- Criticizing the employer beyond reason can justify termination
An employee’s right to criticize their employer must concern facts that are true and not involve the use of offensive language. In a recent case, a local court rejected the claim of an employee who was dismissed for just cause because they had contested in front of colleagues, loudly and in a heated manner, alleged irregularities in their pay slip, accusing the employer of stealing employees' money.