Categories: Insights


19 May 2015

EMPLOYERS LIABLE FOR NEGLIGENCE IN CASES OF PSYCHOLOGICAL HARASSMENT

With its ruling no. 10037/15, the Court of Cassation returned to make a decision on the issue of psychological harassment and the relative liability of the employer. The Supreme Court connects the employer’s liability for injury from psychological harassment performed by an employee to a form of negligence due to the fact that no measures were adopted aimed at eliminating the performance of the harassing initiatives. The employer’s liability is not excluded in the case where such initiatives were performed by an employer with a higher rank than the victim. The Supreme Court underlined that the duration and reiteration of the persecutory actions, combined with the procedures used by the higher-ranking manager to implement the harassing conduct, were such as to consider that the employer was aware of the hostile initiatives that the victim was subjected to. The phenomenon of psychological harassment has been the subject of many studies and research both from a medical-scientific standpoint, as well as from a strictly legal viewpoint. In terms of the Italian Civil Code, the incidence of harassment on the job is essentially due to violation of article 2087 of the Italian Civil Code. This provision forbids the employer from directly engaging in conduct that is injurious to the psychological and physical well-being of employees, but the employer also has the obligation to prevent, discourage and neutralise any harassing behaviour undertaken by higher ranking employees, people in charge or other employees in performing jobs. In light of the above, we feel it would be useful to stipulate company and/or territorial agreements, including on a voluntary basis, with codes of conduct and ethics as a guide for the conduct of employers – including based on the principles of social responsibility -, of workers and all involved subjects, in order to improve the levels of protection provided by law.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…