Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

Whistleblowing Law Approved, Effective as of December 29, 2017

New Legislation Enacted

Author: Carlo Majer, Partner — Littler Italy

Under the Whistleblowing Law, the employer shall establish procedures for employees to report any unlawful and/or criminal behavior by an employee or executive. Employer must protect the whistleblower’s anonymity and is forbidden from taking any retaliatory or discriminatory action against the whistleblower. The employer also must implement a disciplinary system. Discriminatory actions taken against the whistleblower may be reported to the National Inspectorate for Work (i.e., an agency of the Ministry of Labour) directly by the employee or through unions. If sued for violation of this law, the employer must demonstrate that the underlying employment decision was not related to employee’s reporting.

Dismissal for Termination of a Contract May Be Deemed Lawful

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner — Littler Italy

In an important precedential decision on October 27, 2017, the Supreme Court established that the dismissal linked to the termination of a specific contract is considered fair, explaining that if the dismissal is not grounded on a generic reorganization or redundancy of the relevant employee, but it is specifically connected to the termination of the contract the employee has been assigned to, the dismissal is not unlawful. Further, the Court specified that it is not necessary to apply the legal criteria to select the employee (based on seniority, family circumstances, or organizational reasons) from amongst the workforce, but it is possible to limit the choice to those working on the specific contract terminated.

Joint Liability Applies to Supply Contracts

Precedential Decision by Judiciary or Regulatory Agency

Author: Carlo Majer, Partner — Littler Italy

On December 6, 2017, the Constitutional Court established the application of the joint liability between the supply contractor and the supply subcontractor. Under Legislative Decree 276/2003, the contractor and the subcontractor are jointly liable in the event the subcontractor does not pay salaries, severance indemnity (TFR) and social security contribution to his employees. Under the law, the employees of the subcontractor can sue the contractor directly to seek payment of salary, the TFR and the social security contribution. With this decision, the Constitutional Court equalized contracts and supply contracts with reference to the joint liability, even though there are no express provisions under the law to make such findings based on supply contracts.