DLP Insights

Court of Cassation: the employer may not monitor the calls of the call center operator (Il Sole 24 Ore, October 2, 2012, page 26)

Catégories: DLP Insights, Case Law

05 Oct 2012
The Court of Cassation, labor section, with the sentence no. 16622/2012, stated that the dismissal of a call center operator for road service is unlawful because the employer may not monitor his/her calls. In the case at issue, the sanction was imposed because, through a software which allows the detention of the calls, the company discovered that the operator dealt not many time with users and made many private calls. The Supreme Court specified that the prohibition of the remote control, disciplined by art. 4 of the Law 300/70, prevents the use of a program which controls the calls without a screen to make the employee unrecognizable, even if in the case of consent given by the company trade representatives.

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