November 14, 2024
Workplace Harassment
Harassment: Intent to persecute must be proven
Cass., Labor Section
An employee who had worked for the same employer for over 10 years filed a claim seeking compensation for damages allegedly caused by harassing and oppressive behavior.
Both the Trial Court and the Court of Appeals dismissed the employee’s claim.
The Supreme Court similarly rejected the worker’s appeal, emphasizing that workplace harassment is characterized by multiple actions that, when considered individually, may be lawful and formally correct. However, they become unlawful due to a unifying intent to persecute, which leads to their overall illegitimacy and the contractual liability of the perpetrator. Therefore, an employee alleging workplace harassment must demonstrate, among other things, the intent to persecute that renders the actions unlawful and establishes liability.
September 16, 2024
Fixed-Term Employment
Higher compensation for employees in case of abuse of fixed-term contracts
“Infringement Safeguard Decree”
The conversion law for the so-called “Infringement Safeguard Decree” has been published in the Official Gazette. To align with European regulations, the law has amended the rules on compensation in cases of unlawful fixed-term contracts. Specifically, the reform removed the cap of 12 months’ salary previously set by Italian law, allowing judges to award higher compensation if the damage is proven by the employee.
September 16, 2024
Domestic Secondment
Reimbursement for secondments subject to VAT starting January 2025
“Infringement Safeguard Decree”
The Infringement Safeguard Decree repealed the provision (Art. 8, Para. 35, Law No. 67/1988) that exempted from VAT the amounts paid by the users of seconded workers’ services as reimbursement (full or partial) of the costs incurred by the seconding party.
For secondments agreed or renewed from January 1, 2025, such reimbursements will be subject to VAT.
October 11, 2024
Law No. 104/1992
Employer cannot dictate how leave is used
Cass., Labor Section
An employee was dismissed after being accused of misusing the leave granted under Law No. 104/1992 for assisting family members with disabilities. Following a random check by the employer, it was alleged that on three occasions, the leave was not used during the employee’s working hours. The company accused the worker of abusing the right by failing to provide adequate assistance to his disabled mother and, citing violations of fairness and good faith, dismissed him for just cause.
The Supreme Court ruled in favor of the employee, clarifying that workers have the right to decide how to use the leave granted under Law No. 104/1992, including during hours that do not coincide with their work shifts.
September 10, 2024
Illness and Injury
Asbestos-related damages and joint liability of all employers
Rome Tribunal
The family heirs of a former worker who died of mesothelioma filed a compensation claim against the worker’s last employer, a petroleum refinery.
The Tribunal upheld the claim, awarding substantial damages to the plaintiffs. It reasoned that when damage is caused by the combined actions of multiple parties, they are jointly and severally liable, regardless of whether their actions were concurrent or independent. This joint liability exists unless recourse is taken against co-debtors.
November 13, 2024
Industrial Executives
Renewed national collective agreement for industrial executives
The national collective agreement for industrial executives has been renewed and will take effect on January 1, 2025. Among the key updates, the managerial category has been expanded to include directors overseeing autonomous company divisions, making status recognition less complex. The Minimum Comprehensive Guaranteed Pay (MCGP) will rise to €80,000 in 2025 and €85,000 in 2026, ensuring improved minimum wages for executives.
Additionally, companies will be required to implement variable compensation systems based on measurable goals, which must include periods of parental leave in their calculations. New tools for continuous training have been introduced through Fondirigenti, along with enhanced protections for severe illnesses, maternity, and paternity. There are also changes to travel allowances, a prohibition on transferring managers with disabled or minor children, and an increase in supplemental pension contributions to the PREVINDAI fund.
The agreement introduces explicit bans on workplace harassment and violence, providing legal and psychological support for victims. This renewal is a significant step forward for the category, although some aspects, such as reforms to the Arbitration Board on dismissals, remain to be addressed.
August 7, 2024
Assignment/Garnishment of Wages
Assignment of wages: Employers cannot impose administrative costs on workers
Cass., Labor Section
The Supreme Court ruled on a dispute involving the reimbursement of administrative costs by workers for handling wage assignments. A company had deducted these costs from employees’ salaries, claiming they were additional expenses outside standard business operations.
Lower courts deemed such deductions unlawful, asserting that the activity is part of regular employment management for which employers must independently organize.
The Supreme Court upheld this view, stating that employers cannot pass administrative costs related to wage assignments onto workers unless they prove severe organizational hardship.
This decision reinforces that costs arising from the exercise of employees’ discretionary rights, like wage assignments, fall under routine personnel management and should not be borne by workers. Exceptions are permitted only in extraordinary, well-documented circumstances.
