Littler Global Guide - Italy - Q1 2019

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Amendments to Compulsory Maternity Leave

New Legislation Enacted

Author: Carlo Majer, Partner – Littler Italy

The Budget Law, in force since January 1, 2019, introduced the possibility for pregnant employees to work – in the event of documented good health – until the ninth month of pregnancy, and to take compulsory maternity leave after the childbirth. Under Italian law, work is forbidden for pregnant employees for five months – so called mandatory maternity leave. Until the Budget Law, the five months were divided into two months before the childbirth and three months after the childbirth (with the possibility to work until the end of the eighth month of pregnancy in the event of documented good health). The new provision extends the faculty of working until the day of childbirth. Compulsory maternity leave provides for the payment of 80% of the salary by the INPS (plus any supplements provided for by NCLAs).

Controls on Employees through the Detective Agency

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner – Littler Italy

On March 1, 2019, the Supreme Court ruled that controls on employees carried out through a detective agency may be considered lawful when aimed at verifying whether an employee has engaged in a criminal or a fraudulent conduct during work hours, which conduct can damage the employer. In the specific case, the employee registering his presence at the workplace using the badge system frequently exited the company’s premises between 15 minutes up to more than one hour. The Supreme Court specified that, in this case, the control was not aimed at verifying the manner in which the work was carried out. Accordingly, this extent of control was permissible.

Employee Must Prove Causal Link Between Work Task and Alleged Pathology

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner – Littler Italy

The Supreme Court recently held that employees bear the burden of proof of the existence of a causal link between the tasks performed and the pathology that has arisen. In this regard, the employee who sued the company for damages based on the work activity shall demonstrate the working environment’s harmfulness and the breach of Article 2087 of the Civil Code. Here, the employee claimed compensation for damages suffered resulting from the employer’s mobbing behaviors. The applicant claimed that the employer had deliberately assigned him to heavy-duty tasks, outside his level of classification, which had caused him allergic contact dermatitis, as well as a depressive syndrome.

Guidelines of Data Protection Authority on Electronic Wristbands

New Regulation or Official Guidance

Author: Carlo Majer, Partner – Littler Italy

The Data Protection Authority recently found that the use of electronic wristbands for employees – aimed not at controlling employees’ activity, but at verifying the correct fulfilment of the procurement contract – is allowed, but the employer must adopt all available precautions to protect employees’ dignity. Under the Guidelines of the Data Protection Authority, unions or alternatively the local office of Ministry of Labor (as provided for by article 4 of Law no. 300/1970) must agree with the use of such an electronic system. In addition, the employer shall preserve employees’ privacy, by adopting the measures provided by the GDPR.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.