New laws and regulations

Tenders: new regulations now in place

A new law bringing significant changes to the field of tenders for companies and self-employed workers has recently been enacted. The most important changes are the following: (i) regarding the treatment of the personnel employed in works and services related to tendering and subcontracting, there is now an obligation to pay an economic treatment that matches or exceeds that provided in the national collective agreement applied to the industry sector to which the work activity performed belongs; and (ii) starting 1 October 2024, a license based on points will be required for companies operating on temporary or mobile construction sites. Points will be reduced in case of noncompliance with employment regulations or other breaches of the law. If a company does not have a license or has less than 15 points, an administrative sanction will be applied, and the company shall be excluded from participating in public tenders for six months.

Case law developments

Health and safety: an employee may not refuse to attend training courses

An employee is always obliged to attend training courses organized by the employer, even if they are scheduled outside normal working hours. An employee's refusal to attend a training course outside their shift hours must, therefore, be considered unlawful. According to the court that ruled in this sense, "working time" must include not only normal working hours but also overtime, fully in line with the provisions of the same regulations on health and safety at work.

Dismissals: an employee who publicly slandered their employer on social media was lawfully terminated

The Italian Supreme Court ruled that divulging an offensive comment against an employer and its top management on Facebook may constitute slander, due to the fact that comments can be read by an indeterminate number of people. This conduct can therefore constitute a just cause for termination, since it may damage the fiduciary obligation at the basis of the employment relationship.

Termination: not achieving objectives does not always mean lawful termination

In a recent ruling, the Italian Supreme Court stated that employees are not obliged to achieve objectives while performing their duties, but only to put their capabilities at the disposal of the employer, as agreed in the employment agreement. At the same time, the court reiterated that a lack of performance represents a serious breach of an employee's contractual obligations and can eventually lead to termination, but that the mere failure to achieve results, in itself, cannot.

Cancer patients can use an extended period of leave

In a recent ruling, the Italian Supreme Court stated that the application of the ordinary period of guaranteed sick leave to an employee who is a cancer patient is a form of indirect discrimination. Termination based on the application of the ordinary term of guaranteed sick leave is therefore discriminatory. According to the Supreme Judges, cancer is a serious illness that puts an employee in a significantly disadvantaged position, therefore giving them the right to benefit from extended periods of leave, beyond the ordinary ones provided by law.

Part-time: working shifts must be set out in the employment agreement

In a recent ruling, the Italian Supreme Court reiterated that part-time employment contracts must indicate the allocation of working hours, as well as any clauses that give the employer the unilateral authority to vary shifts according to company needs. In the absence of clear contractual clauses, if the employer changes the working shifts, the employee can claim damages. Moreover, the judge can determine the employee's working hours, considering the employee's family responsibilities and the employer's needs.