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Snacks: Digestible Weekly Labour News – Issue 2918 November 2021

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"If there is serious suspicion of an employees’ illicit behavior, the employer can lawfully appoint the investigation agency to collect any relevant proof."

Employers entitled to revise working hours in full-time employment contracts
The limits on the extent to which working hours agreed in part-time employment contracts can be revised do not apply to full-time employment contracts. While in part-time employment contracts planning free time is essential, in full-time contracts the same level of protection would negatively impact the business activities of employers. Therefore, if organizational changes occur the employer is free to vary the work shifts of the full-time employees.
Supreme Court (ord.) 03.11.2021 No. 31349

Privacy Authority disputes delivery of green pass to employer
The Italian Parliament has been asked to examine an amendment to Law Decree No. 127/2021 according to which employees who deliver their green pass to their employer are exempted from further controls. According to the Privacy Authority, this provision, if approved, would breach Considerando 48 of EU Regulation 2021/953 that bans the storing of the relevant personal data required to approve green passes. Nor can an employee consent to their personal data being stored by their employer, given the imbalance of contractual power since in employment relationships.
Privacy Authority, Message to Parliament 12/11/2021

Disciplinary action can be delayed following criminal proceedings
If an employee is subjected to criminal proceedings for manslaughter connected to their employment (e.g. fatal injury when driving the bus) and is suspended from work, the start of disciplinary action can be postponed after the outcome of criminal trial if requested by the employee. In such cases, the rule according to which disciplinary action must be taken immediately does not apply, since both parties to  the employment relationship will only have a full access to the essential findings of the proceedings after the conclusion of the criminal process.
Supreme Court 22/10/2021 No. 29630

New platform to match job supply and demand
Inapp, Unioncamere, AlmaLaurea, Ocse and J.P. Morgan have created a online platform called Competenzelavoro to help match job supply and demand. The platform allows companies, employees and newly graduated students to consult their database of participating businesses to understand their employee requirements, including the skills require for different roles, as well as information on the best university degrees to quickly find a well-paid role.
Platform www.competenzelavoro.org

Lawful to limit collective redundancies to sole business unit
In collective redundancy procedures, employee redundancies can be limited to a sole business unit if related restructuring measure are limited to said unit. Nonetheless, employers are required to include in their initial communication regarding the process to trade unions the reasons why redundancies are being limited to one business unit, as well as the reasons preventing the transfer of the employees concerned to other business units located nearby.
Supreme Court 25/10/2021 No. 29910

Availability not part of work time only if employee free to organize time
To verify if being available on call forms part of on an employee’s contracted working hours, one must  ascertain if this allows employees can to freely manage their time and engage in their personal interests. If it is ascertained that being so available inhibits an employee’s ability to freely use their free time, then it qualifies as work time and they  are entitled to damages for not being able to take advantage of compensatory rest periods.
Supreme Court 27/10/2021 No. 30301

New protocol to prevent Covid-19 spread in transports and logistics
A new joint protocol to prevent the spread of Covid-19 in the transport and logistics sectors has been published. The new protocol replaces the previous regulations covering this area and requires, among other measures, that green passes be checked, if possible, before drivers get on board their vehicles.
Ministry of Labour and Ministry of Infrastructures, Order 11/11/2021

New features for GreenPass50+ app
New features have been added to the GreenPass50+ app, which allow businesses with 50+ employees to control certification via the tax code. Specifically, there is now the option to control employee tax codes through a specific file downloadable on the App.
INPS, Message 03/11/2021 No. 3768

Life expectancy decrease certified
The Ministry of Labour has certified a life expectancy decrease of three months. This does not change the current parameters to access old age retirement benefits, which begin at 67 following a minimum of 20 years contributions. The parameters to access the so called “contribution seniority retirement” also remain unchanged at 71 and five years’ effective contributions (figurative contributions cannot be included). A67 is confirmed as the minimum age to access the so called “social check”.
Ministry of Labour Decree 27/10/2021 (in Official Journal 10/11/2021)

To stop forfeiture in service contracts joint liability written warnings sufficient
The rule according to which a principal is jointly liable with their service provider (and any sub-service providers) for their employees’ salary credits and contributions payments (including insurance premiums)  within two years of the termination of their service contract (article 29, paragraph 2, Legislative Decree No. 276/2003) means that, within said two year period, employees must have filed extra-judicial notification to the principal. Instead, the employee is not requested to file the lawsuit to the court within said two years from the termination of the service contract.
Supreme Court 28/10/2021 No. 30602

Agency investigation to confirm sickness lawful
The argument that employee sickness claims can only be confirmed by a doctor and that investigations by agencies have no probationary value is incorrect. Except in the case of conditions verified only by a doctor, employers are entitled to investigate and verify whether employee claims of illness are false and/or do not justify absence from work.
Supreme Court 28.10.2021 No. 30547