The employment relationship - always something new!
The relationship between entrepreneur and employee is always shaped by many aspects and here today we touch on some of them: we hear politicians talking about minimum wage, but in the meantime judges give important indications in this sense; with no less than six judgments of October 2023 of the Court of Cassation, based on art. 36 Constitution, it was established that in the event of a dispute between a company and a worker on the amount of the salary, the judge can disregard a collective agreement, even if it is stipulated at a national level and signed by the most representative trade unions; furthermore, the judge can apply in place of that used by the company and contested by the worker, the higher remuneration provided under another similar collective agreement or for similar tasks, and can do so 'ex officio', if the worker has provided evidence of the insufficiency of the salary.
Well what can I say, rather a law that is often badly drafted, welcome regulation by case law; the decision of the judges obviously does not preclude the sovereignty of parliament and parliament can always approve specific laws.
If the employee has rights, he also has duties: he must never use company tools for private purposes! Cars, personal computers, telephones, only if allocated for mixed use, work and private, may be used outside work. The risk otherwise is redundancy. This was established by the Court of Cassation in October this year.
Beware, however, of the employer behaving badly: employees must always be treated with great respect; it is against the law and even the single action can be sanctioned; there is no need for a plurality of acts, but a fact committed, even an isolated one, which can be qualified as an illicit act and which entails the violation of the employee's constitutionally protected interests (psycho-physical integrity, dignity, personal identity, participation in social and political life) is sufficient. In the case in question it was a stressful control modality, which for the reasons given above turned into a violation of the law, resulting in the obligation to pay compensation to the employee.
It has been a month full of interesting case law pronouncements, but the conclusion is that rights and duties always balance each other, and that it always takes some common sense on everyone's part, as well as a good lawyer to give the right advice.
last update novembre 2023