New laws and regulation

The employer is prohibited from disclosing why an employee is absent from work

The Italian Data Protection Authority has clarified that employers are prohibited from disclosing the reasons why an employee is absent from work, even through acronyms or abbreviations. In the specific case, the authority sanctioned a company for displaying such reasons on company notice boards using abbreviations (e.g., "MAL" to indicate illness), as this conduct constitutes a violation of employees' right to privacy.

Case law developments

The prohibition of indirect disability discrimination applies to the "family caregiver"

The European Court of Justice ruled that the prohibition of indirect disability discrimination applies to employees who are not disabled themselves but are victims of discrimination due to the assistance they need to provide to their child who is disabled and requires primary care. As a result, the employer is required, in order to ensure compliance with the principle of equal treatment of workers and the prohibition of indirect discrimination, to make reasonable accommodations for such employees (such as adjustments to their working schedule), provided that these accommodations do not impose an unreasonable burden on the employer.

The employee has the right to revoke resignation submitted during probationary period

Even during the probationary period, the employee may validly revoke their resignation. In a recent ruling, the Italian Supreme Court, departing from the previous interpretation provided by the Ministry of Labour, confirmed that the resignation submitted during the probationary period can be revoked by the employee, within terms set by the law. As a result, the judge ordered the employer to reinstate the employee, without prejudice to the parties' right to decide to continue or not the employment relationship during the course or at the end of the probationary period.

An employee who abuses parental leave may be dismissed

An employee who engages in activities incompatible with the purpose of parental leave, namely caring for their child, may be dismissed. In a recent ruling, the Italian Supreme Court confirmed the lawfulness of the dismissal of an employee who, during parental leave, worked at his wife's beach resort without contributing to the family's organizational needs. The child was cared for by a third party, thereby undermining the direct parent-child interaction that parental leave is specifically designed to protect.

An employee who becomes unfit for work may be lawfully dismissed if no roles, compatible with their health conditions, are available

Dismissal is lawful when an employee becomes unfit for the duties they were hired for, for example following a car accident, and no alternative roles, compatible with their health condition exist within the company. However, the employer must demonstrate that all reasonable accommodations have been considered and that all possible alternative roles have been thoroughly assessed.