Installing audio-visual devices without authorization constitutes a violation, even with the employee’s consent
16/04/2018
Cassation sentence n. 22.148/2017
Italian Version The sole administrator of a company had a surveillance system installed in a footwear store. This installation included 2 cameras connected to a Wi-Fi device, an adsl network and monitors that were able to transmit the images being recorded. It all occurred without having previously concluded an agreement with the trade union representatives and without the territorial labor leadership’s authorization in place to protect the employee’s freedom and dignity.
The criminal Court of Cassation affirmed that audio-visual equipment can be installed only after having concluded an agreement with the representative trade union, even if there is only a slight possibility that this equipment may serve as a remote monitor of the worker’s employment. The fact that the employees gave their personal consent to the installation of the surveillance system is irrelevant. These employees aren’t the persons entitled to allow the installation of the equipment. The persons entitled and the procedures to follow are imperative. If the agreement with the trade unions is missing, then a substitute authorization by the territorial labour leadership is necessary. These practices can’t be replaced by the employee’s consent. The protection provided by the legal system follows the need to safeguard the collective interests. Collective interests, as provisioned by the law, are safeguarded by the representative trade unions.
The Court of Cassation made use of this sentence to reiterate that the legislation which occurred, represented by the article 23 of the legislative decree of September 14th 2015 number 151 (implementing one of the delegations of the Jobs Act ), did not negate the criminal offence established in the articles 4 and 38 of the May 20th 1970 law number 300 and the articles 114 and 171 of the legislative decree number 196 of 2003. The employer who illegally implants an audio-visual setup without a labor agreement or without the territorial labor leadership’s authorization, is still considered responsible of criminal violation even with the new laws introduced by the Jobs Act
Supreme Court of Cassation sentence number 22.148/2017
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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