De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.
De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.
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.
The Government has maintained its commitment to correct the labor market reform passed at the end of June (which entered into force on July 18, 2012) and, with the Law No. 134/2012 which turns the so called “Development Decree” into law, definitively approved by Parliament on 3 August and published in the ordinary supplement No. 171 to the Official Gazette No. 187 of 11 August, has made 12 modifications to the L. No. 92/2012.
The Ministry of Labour, with formal response to the question No. 19/2012, has stated that employees temporarily laid off are no longer required to inform INPS about their re-occupation, since the communication obligation is accomplished by the employer by the online transmission of the hiring form so called “UniLav” (“mandatory communication”).
The Ministry of Labour, with formal response to the question No. 21/2012, has confirmed that the hiring in apprenticeship of persons enrolled in the lists of mobility (i.e., lists where employees subject to collective dismissal procedures are registered) can be entered into regardless of the employee’s age.
The Ministry of Labour, with regulation no. 20/2012, has stated that until the decree on the simplification of the job on call relationship communication is not issued, the inspector will provide a sanction in the case of unlawfulness of the employment only.
Voluntary resignation can be ratified also by the trade unions, as provided by the agreement signed with Confindustria, which implements Article 4, paragraph 17 fo the recent labor reform (so called “Riforma Fornero”).
