April 24, 2025
Employee monitoring
CCTV in the workplace: dismissal is void without proper notice
Supreme Court, Labor Section
A female employee was dismissed for taking company merchandise, based on footage from CCTV cameras installed in the workplace. The employer believed that, since the cameras were set up to protect company assets, the footage could be used for disciplinary purposes.
The Supreme Court confirmed the dismissal was void, rejecting the employer’s appeal. The Court reiterated that even when cameras are used for defensive purposes, employees must be properly informed about their presence and how the collected data will be used. Without such information, footage cannot be used for disciplinary proceedings.
The ruling emphasizes that the balance between protecting company assets and safeguarding employee rights must always include compliance with transparency and privacy rules.
March 3, 2025
Wages and benefits
Meal vouchers are not owed during vacation periods
Court of Appeal of Naples
A group of employees brought a case against their employer, seeking a recalculation of holiday pay that included equalization allowances, shift allowances, bonuses, and meal vouchers. The trial court upheld the claims. The company appealed, arguing, among other things, that meal vouchers should not be included in holiday pay.
The Court of Appeal sided with the employer on this point, stating that meal vouchers are a form of welfare benefit linked to the employment relationship only on an occasional basis. As such, they are not part of core remuneration and are excluded from holiday pay.
April 5, 2025
Severance, notice, and termination benefits
Severance pay (TFR) in payslip: monthly advance is unlawful, says Labor Inspectorate
National Labor Inspectorate (INL)
A company was reported to the Labor Inspectorate for paying employees their accrued severance (TFR) in monthly installments through the payslip, a practice continued even after the experimental regime provided by the 2015 Stability Law ended. A clarification was requested on whether this practice was lawful.
The National Labor Inspectorate, with input from the Ministry, confirmed that TFR is a form of deferred compensation meant to provide economic support upon contract termination. Advances are only allowed under specific legal circumstances and only for already accrued amounts, not for future monthly installments.
If these conditions are not met, the advances are considered ordinary wages and are therefore subject to social contributions. Inspectors are instructed to issue orders requiring proper accrual of TFR when unlawful advances are detected.
April 24, 2025
Whistleblowing
Whistleblowing and dismissal: enhanced protection also applies to Covid-related cases
Supreme Court, Labor Section
An employee was dismissed after reporting alleged violations of Covid-19 regulations by the company. The matter escalated to the Supreme Court, where the employee claimed the dismissal was retaliatory and linked to his whistleblowing activities.
The Court upheld the employee’s claim, recognizing that his reports fell under whistleblower protection, even though they concerned breaches of anti-Covid measures. According to the Court, employees who report serious legal or regulatory violations, including those related to health and safety, are entitled to enhanced protection from retaliatory dismissal.
The ruling reinforces the importance of maintaining a safe and compliant workplace and of protecting those who report violations.
