DLP Insights

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”).

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”).

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.