BE CAREFUL ABOUT KISSING AND HUGGING FEMALE EMPLOYEES
01/03/2018
Italian version The Court of Florence sentenced an employer to one year and two months of reclusion. He was accused of having harassed and later on hugged an employee with such strength that she couldn’t free herself while he kissed her various times on the neck and on the right ear, violently forcing her to suffer from sexual acts.
The Court of appeal sustained, first of all, the existence of an unambiguous probable cause against the employer, indicated by the victim and by the lack of valuable reasons to lie. This was ensured by the first-degree judge. The Court also stated that hugs and kisses, in the present case, must have been considered sexual acts, due to the fact that they were addressed to the neck and the ear, which are notoriously erogenous body parts. After all, the sexual intentions of the defendant could have been concluded from his hug (from which the victim tried to escape) and from the fact that he kissed her against her will.
The Court of Cassation, consulted on appeal by the defendant, stated that “regarding sexual acts, the behaviour forbidden by the art. 609-bis cod. pen., besides any form of carnal union, includes any act that, according to scientific and cultural canons, causes sexual pleasure or arousal, whatever the agent’s intentions are, provided that he is aware of the “sexual” nature of the act he is performing with a conscious and voluntary behaviour”. [Sez. 3, n. 21020 del 28/10/2014 (dep. 21/05/2015) Rv.263738].
Corte di Cassazione, sez. III Penale, sentenza n. 30479/16; depositata il 19 luglio 2016
Translation of Laura Pettinato Devetachi
In Italy, employees were protected by art. 18 of act n. 300/1970 (usually called “employees statue”), until 2014: workers unjustly fired could sue their employer for being reinstated to their job and for damages (salaries from firing to reinstating). So, if the judge had declared unlawful dismissal, companies had to pay years of salary and social security contribution, even if they didn’t’ get any job performance by fired employees (Italian trials were really slow). From 2015, this won’t happen anymore. In case of unlawful dismissal, employers will only have to pay damages to workers. This compensation will be reasonable: from 4 to 24 months of salary (2 months per year of working). Employees won’t have the right to be reinstated to their job, except for specific situations. So, if he doesn’t appreciate the worker, the employer won’t be obliged to readmit him in his company (except for racial, political and religious discrimination). According to new acts, civil trials are faster, thanks to their computerization. Now payment orders can be issued in a few days. Before, it took several months. Besides, debtors that refuse payments are obliged to pay default interest of 9%. So they have no incentive to delay payments: this would be too expensive. Creditors can ask the court for an order to search in public records debtor’s goods and current accounts to be attached (now access to records is allowed only to specialized agencies) . This new procedural instrument allows to attack debtor's assets more easily. Creditors will be satisfied effectively and more quickly. In this section of the website, we are going to show all this brandnew rules.
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