DLP Insights

With its ruling no. 25682 of 28 October 2014, the Cassation Court established that it is illegal to dismiss a worker for having submitted company documents considered confidential during court proceedings undertaken by the employee to protect his job (in the case in hand, granting of a higher contractual level), since the right to defence is guaranteed by article 24 of the Constitution and has precedence over any company needs for confidentiality.

With ruling no. 25674 of 9 October 2014, filed on 4 December 2014, the Cassation Court once again intervened on the issue of control performed by employers using investigation agencies, confirming its legality when performed to protect company assets, as long as the investigation agency's control is limited "to illegal acts performed by employees not solely linked to mere failure to fulfil an obligation".

The labour reform has become law and implementation decrees from the Government are expected which should be approved starting from mid December.

The Chamber of Deputies has approved the Jobs Act. The bill is expected to receive final approval in early December.

On 25 November 2014, art. 16 of Law 161/2014 entered into force. It brings Italian legislation into conformity with Directive 98/59/EC by including managers and their trade unions, which had previously been excluded, among the subjects to which the collective redundancy procedure applies in Italy as well.