with one Working hours full time, to break This is more than justified. Required by law. And collective agreements, temporary interruptions in one’s activities serve to rest for a few minutes, chat with colleagues, take a walk, or read the latest news on one’s smartphone. However, the break also serves to enjoy a good meal. enoughUntil it becomes a real habit. That is one Frequent and long stops Timely and during office hours.
has recently intervened in this matter. A court of law. Confirmed the correctness of the supply selection Disciplinary Dismissal by the company. The reason? An employee was addicted to drugs. Stay a little longer Bar With real “Maxi Breaks”.
Let us see together – in summary – the contents of the story which led the judges to their verdict, a warning and a guide to those who work for them.
Case
Taking a break from the office to have a croissant and a cappuccino certainly has an anti-stress value, but it shouldn’t be exceeded – risking irreparable compromise. A relationship of trust with the company. ‘Ordinance No. 27610/2024 of the Supreme Court The following story begins. An employee, whose employee a A waste collection companyfaced maximum disciplinary sanction because he was accused of taking long breaks at the bar. All during working hours.
Not an isolated incident though An established habit. This has also been verified and documented. Investigative Servicewhich the company contacted to help shed light on the man’s behavior. The latter was also one Coordination role and hence specific liability. According to the reconstruction of facts highlighted during the court dispute, he preferred to be absent from work for more than half an hour on several occasions. It’s for drinking coffee and chatting with colleagues at the bar.
NeilSupreme Court order In fact it is written that the employee was:
Constantly caught in public places and at unreasonable hours, enjoying drinks and chatting with colleagues.
Additionally, based on the private investigator’s reconstruction, the man may not have recorded these intervals on the time sheet. They would be used again to defraud the company.
The Supreme Court affirms the appellate decision.
The judicial process was divided into three levels of adjudication, namely tribunal, appeal and cassation. The dispute came to a close before the judges in the Piazza Cavour. As indicated in the text ofOrdinance No. 27610Basically the employee had repeatedly breached his obligations of diligence, accuracy and good faith, which are set out in the Civil Code.
On October 24, the legal status judge thus affirmed the appellant’s sentence and dismissed the employee’s appeal. He had opposed. Validity of investigation entrusted to a spy.
In particular, the text of the clause states that the Court of Appeal considered the conduct of the person to be decisive, which:
He devoted himself by default, and as a practice as it was illegible, to meetings within commercial establishments. Working hours. The encounters did not end in tasting various drinks or fulfilling physical needs within the structure if necessary, but in pleasant conversation outside the commercial establishments where the complainant spent most of his time. Unauthorized breaks.
But above all, these breaks, the result of the worker’s arbitrary choice, do not:
He spent the necessary time to refresh himself, meetings were held which for example, 36 minutes duration (21.10.16), 38 minutes (10.11.16), 42 minutes (22.11.16) and in which most of the time was spent in conversation after breakfast.
It is for this reason that the court reiterated that the defense of the workman could not be accepted, according to which the break from work should have been justified by the provisions of law.Art 8 deal d. LGS 66/2003.
Legitimate Use of a Private Investigator
gave Long unauthorized breaks They cheated the company, which – to shed light on the situation – had to resort to shadowing a private investigator, whose service is permissible – recall Supreme Court jurisprudence – if the company’s assets are protected and to detect any fraud, deceit or Misuse of leave (as in this case) and other rights including leave.
In particular, the Supreme Court highlighted that a The employer External investigators may be contacted, especially in case of Well founded and specific doubts on inappropriate behavior and practices (and respecting privacy laws). In this case, the company had “sniffed” its employee’s unwarranted breaks and, therefore, had – legitimately – resorted to spying.
That’s not it. The facts of the case were of criminal relevance because they were capable of deceiving or defrauding the employer and not only causing damage to the employer. Company assetsBut this tooCompany image Foreigners and citizens. All the elements that made them legitimate Investigative InvestigationsConsidering that – apart from material assets – reputation and public trust are also corporate assets that must be protected.
In essence, the court, with an order published on October 24, thus affirmed the legitimacy of the company’s withdrawal, highlighting the presence of the company. The only reason Termination of employment relationship. Hence it is a case of termination without notice and without notice and the decision of the company is upheld. proportional The severity of the breach and the damage to the company.
What changes for workers?
The order of the judges of Piazza Cavour reiterates one of the specific duties of the employed worker, which must be respected.Working hours As regulated by law and the sector’s national collective bargaining agreement, without any abuse Right to a break And without doing the latter in a completely arbitrary way.
With regard to workers, the Ordinance should help to change certain habits or habits which may prove dangerous to the continuation of the employment relationship. In order to avoid disputes and disciplinary actions, it is advisable to strictly respect breaks and instead, if it proves necessary to leave the workplace for personal or urgent reasons, the worker will use a little common sense, the company. Will inform as soon as possible. It is possible to fill the “hole” with substitutes.
