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Installing audio-visual devices without authorization constitutes a violation, even with the employee’s consent

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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 





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