DLP Insights

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.

The Court of Cassation, Labour Section, with sentence No. 16460/2012, has granted the paid leave of three days to the father of a disabled son even if the mother is a housewife and the request is related to a period before the coming into effect of the law which provides this possibility.

The Ministry of Labour, with note No. 12728/2012, has postponed, up to a date to be determined, the possibility to send by fax or email the communications regarding the job on call contracts to the Local Authorities called “Direzioni Territoriali del Lavoro”.

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment.

The so called “Pacchetto Semplificazioni” - drafted by the Government and under the exam of the next Council of Ministers – provides a reduction of the working ability (46% rather than the current 60%) as a consequence of an accident or illness at work requested to the employee in order to be included in the number of disabled employees who have to be mandatorily hired (Law No. 68/99).