Employment Insights – September 2024

European labor law updates

Through the monthly newsletter “Employment Insights“, Andersen provides an overview of the latest developments in labor law, including judicial updates, case studies, and collective agreements in various countries. This edition features contributions from experts in 21 European jurisdictions.

Andersen’s European labor law department comprises highly qualified lawyers and accountants who continuously advise national and international companies operating in various sectors. These professionals offer comprehensive support, addressing disputes and providing guidance throughout the employment relationship, from contract drafting to termination.

The Italian team of experts, led by partner Uberto Percivalle, focuses on the latest and most relevant developments in labor law in Italy.

To learn about updates from other jurisdictions, please refer to the attached publication.

Justified termination of an employee for violating sick leave conditions

On July 30, 2024, the Supreme Court upheld the dismissal of an employee who, during a sick leave for more than seven months, engaged in activities like weightlifting and equestrian sports, which were inconsistent with their medical condition and the obligation to focus on recovery. The Court also reaffirmed that engaging in any external work or risky activities during sick leave violates contractual duties of diligence, loyalty, and good faith.

Supreme Court affirms legitimacy of monitoring employees on sick leave

In August 2024, the Supreme Court ruled that employers can legally hire private investigators to observe employees outside the workplace, provided the investigation does not involve assessing job performance. While employers cannot directly investigate the medical aspects of an illness (except via social security doctors), they can verify if the illness exists or whether it truly prevents the employee from working.

Unlawful labor lending affects private insurance coverage for employees

The Supreme Court ruled that insurance coverage provided by a company also applies to employees unlawfully loaned to it by another firm. The court held the user company responsible for compensating damages beyond those covered by the national insurance scheme. The insurer refused to pay, arguing the employee was not registered under the proper insurance plan, but the Court overruled this, noting that the law treats all payments and actions by the unlawful lender as if made by the actual employer.

Data Privacy Agency FAQs on oncological oblivion rights

On August 9, 2024, the Data Privacy Agency released FAQs on the right to oncological oblivion, which stems from a 2023 law that protects individuals who have been cancer-free for over ten years (or five years if diagnosed before age 21). The law prevents employers, banks, and insurance companies from inquiring about past cancer history to avoid discrimination.

New contract for ceramic and refractory materials industry employees

On July 22, 2024, employers and unions agreed to renew the National Collective Bargaining Agreement for employees in the ceramic and refractory materials industries, which affects over 26,000 employees. The agreement includes salary increases in four stages between September 2024 and June 2027, along with a one-time payment for the period since the previous contract expired in June 2023. Other changes include provisions for leave for women affected by gender-based violence, safety reviews, and expansions to fixed-term and seasonal contracts. The renewed agreement is set to expire on June 30, 2027.