Categories: Insights, Practice


26 Feb 2018

Remote control of workers: additional operating provisions from the Labour Inspectorate

In Circular Letter no. 5 of 19 February 2018, the National Labour Inspectorate provided further operating provisions on the “new” Article 4, Workers’ Statute. In particular, the Inspectorate specified that, due to actual reasons of control, a video surveillance system may also monitor the workers without any limitations as to the camera angle, the blacking out of the face of the operator or the specific indication of the position of the cameras and their exact number. This is so because oftentimes the conditions of places and the positions of merchandise or production plants is subject to continuous changes in the course of time. Only for systems that start operating when workers are present, observance of the principles of proportionality, fairness and not excess set out in the Privacy Code should also be verified. According to the Labour Inspectorate, the use of video surveillance systems based on IP technology can also be allowed; remote access to these in real time must be authorized only in exceptional cases, while access to recorded images shall be traced in order to allow storage of “log-ins” for a period of at least six months. Regarding the collection and processing of biometric data, the Labour Inspectorate has accepted the indications of the Italian Data Protection Authority, setting out that these devices are legitimate only if they are considered indispensable tools to perform the work as they aim at limiting access to “sensitive” areas or allowing use of hazardous machinery only by qualified personnel. The new provisions of the Labour Inspectorate, even if they remove many doubts, basically further prove that the application of the matter at hand is uncertain and that it is necessary to make personalized inquiries into each specific case.

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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 April 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 March 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…