In brief

This publication features the latest Employment developments in Italy.

Contents

1. In depth
   • New laws and regulations
     1. Mandatory training for Workers’ Safety Representatives 
   • Case law developments
     1. Delivery of dismissal letters: documents required to prove receipt by employee 
     2. Serious crimes committed outside of working hours: an employee can be dismissed for just cause
     3. Absence from work: notice sent by a family member is not always sufficient 
     4. Dismissal due to partial inability to perform duties

In depth

New laws and regulations

Mandatory training for Workers’ Safety Representatives 

The Ministry of Labour clarified that Worker’s Safety Representatives’ mandatory training courses provided under Italian Health & Safety regulations cannot last less than 32 hours. Collective bargaining at national level can define the means, duration and content of the training courses that must have proper substance to effectively train the Workers’ Safety Representative and not result in a mere formality.  

Case law developments

Delivery of dismissal letters: documents required to prove receipt by employee 

According to the Italian Supreme Court, to prove the delivery of a dismissal letter, an employer can use the receipts issued by a Post Office at the time of sending, together with a copy of the letter. In fact, according to the Court, these documents constitute sufficient legal presumption that the employee has been informed of the dismissal; therefore, it is not possible for the employee to claim that they were not made aware of the employer’s intention to terminate the employment relationship.

Serious crimes committed outside of working hours: an employee can be dismissed for just cause

If an employee commits a criminal offence outside of working hours, they can still be dismissed for disciplinary reasons. According to the Italian Supreme Court, such behavior may irreparably breach the fiduciary bond between the employee and the employer. In the case at hand, the Supreme Court deemed the dismissal of an employee, convicted for sexual assault against an underage girl, to be lawful.

Absence from work: notice sent by a family member is not always sufficient 

When an employee is absent from work, they must inform their employer in a timely manner, stating the reasons and the expected duration of the absence, so that the employer can make any necessary adjustments at the workplace. The Italian Supreme Court ruled that if an employee is absent as a result of being arrested, informal communication received orally from the employee’s family members containing no reference to the expected duration of the detention is not sufficient to justify the absence.

Dismissal due to partial inability to perform duties

In a recent ruling, the Italian Supreme Court ruled that where an employee becomes partially unfit to perform their duties, their dismissal is lawful as long as the employer can prove that: (i) the employee’s inability to perform duties; (ii) the employee cannot be usefully assigned to different (even lower) duties; and (iii) no alternative solutions or reasonable accommodations can be usefully adopted to avoid the dismissal.