Insights

With ruling no. 25674 of 9 October 2014, filed on 4 December 2014, the Cassation Court once again intervened on the issue of control performed by employers using investigation agencies, confirming its legality when performed to protect company assets, as long as the investigation agency's control is limited "to illegal acts performed by employees not solely linked to mere failure to fulfil an obligation".

The labour reform has become law and implementation decrees from the Government are expected which should be approved starting from mid December.

The Chamber of Deputies has approved the Jobs Act. The bill is expected to receive final approval in early December.

On 25 November 2014, art. 16 of Law 161/2014 entered into force. It brings Italian legislation into conformity with Directive 98/59/EC by including managers and their trade unions, which had previously been excluded, among the subjects to which the collective redundancy procedure applies in Italy as well.

Employers may use data concerning their employees that are found on social networks. This has been established by the Privacy Authority and the judiciary.

Starting 1 January 2015, the economic treatment that relates to persons who were dismissed as a result of a staff-reduction procedure and that is covered by the application of redundancy schemes will suffer a significant reduction.

In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a new act of dismissal based on the same conditions, where the employee gives notice of a new period of illness.

In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment of a health and safety officer (Rssp), whose role is to provide direct assistance in support of, and not in substitution of, the employer in identifying risk factors.