Insights

The Supreme Court, with ordinance No. 14861 of September 5, 2012, has confirmed that the notification of the verification notice of the Italian Revenue Agency by mail has to be proved through the acknowledgment receipt of the registered letter, since it is not sufficient a specific certification of the postal service.

The Ministry of Labour, in the note no. 12065/2012 has clarified that not to show the employment documents is just an obstacle and not an impediment for the vigilance activity and for this reason such behavior can be sanctioned according to Law no. 638/1983 with an administrative (and not criminal) sanction ranging between Euro 1,290.00 and 12,910.00 and with arrest up to two months or with a fine up to Euro 516.

Supreme Court with sentence no. 22611 of June 11 has stated that employees’ videosurveillance after their express approval for video cameras installation is not a crime, also without an agreement with the internal unions or internal commissions.

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested by the strike does not represent an anti-union behavior if such decision concerning the company structure and the employees’ duties distribution is in line with law and the collective agreement.

Supreme Court, with sentence no. 14197 of August 7, 2012 has established that companies can use private investigators in order to verify if employees commit a crime and that such investigations can concern the employees only and not their cars or bags.