Legitimate controls on an employee who harasses a colleague and accesses her husband’s bank account
Controls by an employer on an employee, done retrospectively, are allowed in order to ascertain whether a crime has been committed
Court of Cassation, employment section, judgment no. 25977 of 16 November 2020
Waivers and settlement agreements: purpose and interpretation
The aim of the settlement agreement must be identified not in relation to the wording used by the parties, but in the context of their contrasting interests
Nature and requirements of the subordinate employment relationship of dirigente (executives)
According to the Court of Cassation, a worker who gives directives to the staff is a subordinate employee and therefore cannot be considered a consultant
Purpose and limits of paid leave of absence permits under Law no. 104/1992 (to assist disabled family members)
The use of permits pursuant to Law no. 104/1992 not in accordance with the rationale of the rule constitutes abuse of the right and undue receipt of the attendance allowance
Collective redundancy and the pool of workers affected
The Court of Cassation, with Judgment no. 21306 of 5th October 2020, illustrates when it is legitimate to limit the collective redundancy to workers in a particular business or production unit
Covert monitoring by a superior is legitimate
It is legitimate for the employer to monitor its employees in the correct fulfillment of their duties, directly or through the managers that report to him and are known to the employees.
Injunctive relief interrupts prescription
The Constitutional Court has declared unconstitutional Article 6(2) of Law 604/1966, where does not recognize filing of an interim injunction (ante causam) as able to interrupt prescription
COVID-19 quarantine/precautionary monitoring and social security cover for illness
The Italian social security body (INPS), with Message no. 3653 of 9 October 2020, clarifies workers’ rights regarding social security cover for illness in the case of quarantine and/or precautionary monitoring