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 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”).

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated.