Labour Law

Mobbing consists of a series of hostile behaviours, repeated over time and carried out with persecutory intent. Typical behaviours include systematic demotion (assigning demeaning or humiliating tasks), marginalisation (exclusion from company life, such as meetings or projects), constant and unjustified reprimands, spreading rumours, compromising the working environment and assigning unachievable goals. For mobbing to be considered as such, these behaviours must be prolonged and cause damage to the worker's mental and physical health.

The distinction between ‘horizontal’ mobbing (between colleagues of equal rank) and ‘vertical’ mobbing (carried out by a superior towards a subordinate, or vice versa) is crucial for identifying the company's liability. Vertical mobbing, in particular, directly involves the employer, who is liable for the abusive exercise of their managerial power.

The fundamental difference between mobbing and straining lies in the intensity and nature of the behaviour. Mobbing is an “active” conflict, characterised by direct, persecutory and systematic attacks. Straining, on the other hand, is a “passive” conflict: it takes the form of forced stress and continuous discomfort, created by a single negative action (e.g. permanent exclusion from a benefit or promotion) or a few actions that isolate and marginalise the worker, depriving them of opportunities without a continuous frontal attack.

The Italian legal system distinguishes between different types of employer termination, each with its own conditions and effects. Dismissal for just cause occurs when there is a breach of contract so serious that it does not allow the relationship to continue, even temporarily; subjective just cause is determined by a breach that is not serious but is sufficient to undermine the relationship of trust; objective just cause, on the other hand, is based on the employer's organisational, production or technical requirements.

In order to be lawful, dismissal must comply with strict substantive and procedural requirements. The core of the measure lies in the existence of just cause or justified reason (subjective or objective), i.e. a fact capable of breaking the bond of trust or making it objectively impossible to continue the relationship for organisational reasons. This requirement must be accompanied by a detailed explanation that fulfils the obligation of specificity and immutability: the disputed facts must be described precisely to allow the exercise of the right of defence and cannot be supplemented or modified at a later stage.

A dismissal without cause, justification or that does not comply with procedures may be declared unlawful by a court, with significant economic and managerial consequences. The main consequences are the reinstatement of the employee in their job, together with compensation for damages for the period of inactivity, or, as an alternative to reinstatement, a higher amount of compensation.

The application of a disciplinary sanction is legitimate only in the presence of a specific, ascertained and proven breach of contractual obligations by the worker. The sanction must comply with the principle of proportionality, commensurating the severity of the penalty with the seriousness of the offence, in accordance with the provisions of the law and national collective labour agreements.

The validity of a disciplinary measure is strictly linked to compliance with a specific procedural process, aimed at guaranteeing the employee's right of defence. This procedure requires formal written notification of the charge, the granting of a reasonable period of time for the presentation of defences and, where appropriate, a preliminary interview aimed at jointly examining the reasons of both parties. Failure to comply with these steps constitutes a procedural defect that may lead to the sanction being challenged and subsequently annulled, with obvious repercussions on the employer's authority and the stability of the employment relationship.

The prior definition of punishable conduct and related sanctions in internal regulations or a disciplinary code is an essential tool for the proper management of employment relationships. Company regulations provide legal certainty, ensuring transparency and uniformity of treatment, and allow for the clear and unequivocal identification of violations and the resulting disciplinary measures applicable. Well-structured regulations prevent disputes, facilitate the work of management and ensure full compliance with the principle of specificity enshrined in Article 7 of the Workers' Statute.

Assignment to higher duties consists of the actual performance of activities attributable to a higher level of employment than that established in the employment contract. This occurs when the worker performs tasks characterised by greater autonomy and responsibility, resulting in a change in professional qualification and related duties.

The assessment of the new qualification is based on an analysis of the activities actually performed and the degree of autonomy exercised. The assessment aims to ensure consistency between the responsibilities assumed and the professional classification, protecting the value of the work performed and compliance with remuneration obligations.

The performance of higher duties immediately alters the synallagmatic balance of the employment contract, producing effects that are reflected both in the legal classification of the relationship and in its economic dimension. The first effect, which is mandatory, is the right of the employee to receive the difference in remuneration between their original position and the higher one, in accordance with the constitutional principle of proportionality of remuneration to the quantity and quality of the work performed.

The right to higher remuneration is based on the principle of necessary proportionality between the complexity of the duties performed and the remuneration received. This differential is not limited to the adjustment of the minimum wage established by collective bargaining, but must include every component of remuneration that is causally linked to the new classification. The investigation focuses on reconstructing the basis for calculation, including periodic seniority increases, function or role allowances, and any bonuses linked to the specific nature of senior duties.

In addition to direct remuneration, the assessment involves so-called indirect and variable remuneration, analysing the impact of the new level on institutions such as the thirteenth and fourteenth month's salary, performance bonuses and allowances for overtime or night work. A critical aspect of the analysis concerns the projection of the differential on severance pay (TFR) and social security contributions, elements that contribute to determining the full compensation for the economic damage resulting from the failure to classify the employee correctly. The correct determination of these parameters ensures that the financial compensation is not partial, but reflects the actual added value brought by the worker to the company through the assumption of greater responsibilities.

The period of protected sick leave constitutes a time limit within which an employee who is absent due to illness is entitled to retain their position, with the consequent suspension of the employer's right to terminate their contract. This institution reflects a balance between social protection in the event of illness and the company's need for organisational stability. The duration and terms of the grace period are not defined in general terms by law, but are left to collective bargaining (CCNL), which specifies its length based on seniority and the employee's position.

Accidents while travelling to or from work constitute a specific case of social security protection (Presidential Decree 1124/1965 and Legislative Decree 38/2000) aimed at protecting workers during the journey between their place of residence and their place of work, or between two places of work. However, INAIL coverage is not automatic, but is subject to the existence of a causal link between the journey and the professional activity. The assessment is based on the verification of three key parameters: the “normality” of the journey, its temporal necessity in relation to working hours, and the use of means of transport justified by the circumstances (distance, public transport timetables, work-life balance requirements).

An accident at work is a harmful event caused by violence during the performance of professional activities, resulting in damage to health or interruption of working capacity. The legislation protects workers by guaranteeing specific financial and health benefits for the recovery of their mental and physical integrity.

In the event of an accident, the worker is required to promptly inform the employer, providing the details of the medical certificate. In turn, the employer must report the accident to the competent authorities within the legal deadlines, ensuring that the insurance and social security protections provided for by law are activated.