Articles

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. Court of Cassation, Employment Section, Judgment of 9 October 2020, no. 21888

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 Constitutional Court, Judgement no. 212 of 14 October 2020

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 INPS Message no. 3653 of 9 October 2020

The damage arising from unlawful placement in the redundancy scheme (CIG) and damages for demotion, suffered by the same worker during the period of suspension of the redundancy fund, represent two distinct damaging events because they can be traced back to the breach of separate norms and as such separately indemnifiable. Court of Cassation, Employment Section, Order No. 20466 of 28 September 2020

In the event of a temporary downturn in production, the employer may second the employee in order not to disperse his professional skills Supreme Court of Cassation, Employment Section, Order 17 September 2020, No 19413

In the case of dismissal for exceeding the period of sick leave, adjudicating on the promptness of the withdrawal cannot be achieved on strictly applying predetermined chronological criteria, but requires a fair assessment that the judge must make on a case-by-case basis Court of Cassation, Employment Section, Order No. 18960 of September 11, 2020

Before reaching retirement age, an employee can take action against the employer only for damages due to social security contribution irregularities and this right is subject to a ten-year statute of limitations Court of Cassation, Employment Section Judgment September 8, 2020, no. 18661

The Supreme Court rules on the three-phase process for identifying the correct grade level of classification of employees Court of Cassation, Employment Section, Order No. 18692 of 9 September 2020

Safety at work: the use of collective protection measures in the workplace takes priority over the use of PPE Court of Cassation, Labour Section, judgment no. 18137 of 31 August 2020

The deadline to challenge the dismissal in Court starts running from the date the out-of-court challenge is sent by the employee, not the date it is received by the employer Court of Cassation, Employment section, judgment no. 17197 of August 17, 2020