January 21, 2025
Incentives
Advance NASPI and Employment Contract Simulation
Cass., Labor Section

A worker requested the lump-sum advance payment of NASPI as an incentive to start a self-employed business. This possibility is expressly provided by law, provided that the worker does not establish an employment relationship before the NASPI entitlement period expires. If this happens, the worker must return the entire amount.

The Italian Social Security Institute (INPS) took legal action against the worker after discovering that he had engaged in four days of employment during this period. In his defense, the worker argued that, during those four days, he performed the same tasks he typically carried out as a freelancer, claiming that this should qualify as occasional work.

The Supreme Court ruled in favor of INPS, stating that once an employment relationship has been established before the NASPI period expires, the worker is required to return the full benefit. Moreover, the worker is not allowed to claim that the employment contract was simulated.

January 13, 2025
Occupational Health and Safety
Construction Sites: Fines Up to €500 for Lack of ID Badge
National Labor Inspectorate (INL)

The National Labor Inspectorate has issued clarifications regarding penalties for failing to carry an identification badge. Employers must provide ID badges to all employees, who, in turn, must display them visibly.

These rules apply to subcontracted or contracted work in temporary or mobile construction sites.

• The employer of a contracting or subcontracting company that fails to provide workers with an ID badge faces an administrative fine ranging from €100 to €500 per worker.
• A worker who possesses an ID badge but fails to display it is subject to an administrative fine ranging from €50 to €300.

December 5, 2024
Incentives
Call for Proposals: “Innovation in Service of Inclusion – Disability Sector”

The Lombardy Region, in collaboration with Unioncamere Lombardia, has launched a call for projects aimed at developing innovative technologies to promote workplace inclusion for people with disabilities.

Eligible applicants include micro, small, and medium-sized enterprises with at least one operational unit in the region that meet specific requirements, such as regular social security contributions and the absence of ongoing insolvency procedures.

Eligible projects include:

• Development of technological solutions for workplace inclusion.
• Implementation of digital tools to enhance work autonomy and efficiency.
• Projects supporting the dual transition to digital and ecological sustainability.

Eligible expenses cover technology purchases, specialized consultancy, personnel costs, and general expenses, which must be incurred within 12 months of receiving the grant. The non-repayable grant covers up to 50% of eligible costs, with a minimum investment of €150,000.

Applications must be submitted via the WebTelemaco platform from January 13, 2025, to March 31, 2025.

December 30, 2024
Maternity and Paternity
Double Bonus for Parental Leave When One Parent Works in Public and the Other in Private Sector

The 2025 Budget Law has introduced changes to parental leave policies, also affecting public sector employees, who already benefit from more favorable treatment. Collective labor agreements guarantee that the first month of parental leave is fully paid. This fully paid month is shared between public sector parents and must be used before the child turns 12.

The Budget Law makes two key changes:

• It confirms the 80% compensation for the second month of leave.
• It extends this 80% compensation to the third month as well.

Thus, if one parent works in the public sector and the other in the private sector:

• The third and fourth months, shared between both parents, will be compensated at 80% if taken before the child turns six, provided maternity or paternity leave ends in 2025.
• The public sector parent is entitled to one fully paid month of parental leave (to be used before the child turns 12).
• The private sector parent can take one month at 80% pay (to be used before the child turns six).

January 22, 2025
Resignation
Implied Resignation Due to Unjustified Absence: New Guidelines from the Labor Inspectorate
National Labor Inspectorate (INL)

The so-called “Collegato Lavoro” legislation has addressed a gap in the “Jobs Act” regarding cases where a worker abandons their job without formally submitting electronic resignation.

Employers now have the authority to terminate the employment relationship for resignation if the worker remains unjustifiably absent for more than 15 days (or for the longer period specified by the applicable collective labor agreement).

Essentially, the law recognizes the worker’s conduct as an implicit expression of resignation.

The employer must fulfill two obligations:

1. Send a notification via certified email (PEC) to the local Labor Inspectorate office using a form available on the agency’s website.
2. Officially report the termination of employment through standard channels (UniLav).

The Labor Inspectorate may verify the facts within 30 days. It can contact the worker or interview other employees of the company. The worker may provide evidence that they were unable to inform the employer of their situation. Following the investigation, the Inspectorate will notify the employer if the resignation is deemed invalid.

January 13, 2025
Employee Monitoring
Employee Emails: Retroactive Checks Are Prohibited
Cass., Labor Section

An employee challenged their dismissal, which was based on the employer’s discovery of confidential information stored on the employee’s computer. The employer was alerted to the issue by an automated system warning.

The Court of Appeal ruled in favor of the employee, stating that the evidence used for the dismissal predated the “reasonable suspicion” triggered by the system alert. Since the information was obtained before this suspicion arose, it could not be used for disciplinary purposes.

The Supreme Court upheld this ruling, clarifying that Article 4 of the Workers’ Statute allows technological monitoring only ex post, meaning only after a reasonable suspicion has emerged.

Thus, employers cannot conduct retroactive investigations into past misconduct unless directly linked to the incident that raised the suspicion. Otherwise, it would equate to legitimizing the use of pre-existing evidence gathered without any basis for suspicion.

December 11, 2024
Termination for Just Cause
Criminal Conviction as Grounds for Dismissal
Cass., Labor Section

Following a two-year and three-month prison sentence for sexual violence, abuse, and habitual physical assault against his wife, an employee was dismissed. The worker challenged the dismissal in court, arguing that his conviction was unrelated to his job.

The Supreme Court upheld the dismissal, emphasizing that even though the misconduct occurred outside the workplace, it was severe enough to undermine the employer’s trust.

The Court ruled that employees are not only required to fulfill their professional duties but must also maintain behavior that does not compromise employer confidence. Given the serious nature of the offenses and their social disapproval, the employer was justified in terminating the employment relationship.