Your behavior outside the workplace can put you at risk of losing your job.Office Hours? A company or an employer can fire one of its employees because he has committed acts that are not in accordance with the rules. Principles of Civilization and Morality? A recent move by Cassation Answered in the affirmative: Who does Actions for abuse and injury Towards his spouse, he exposes himself. Maximum disciplinary sanction Because he is responsible for behavior that undermines the trust at the foundation of every working relationship.
Let’s look at the case that was recently dealt with by the Supreme Court, Labor Section. Sentence number 31866 And we understand under what circumstances it is actually possible to fire an employee who is aggressive or violent toward a family member.
Matters and irrevocable criminal convictions
The case deserves mention, designed to be vividly remembered a few weeks after the last day – across the country – the Abused women (more often if there is no economic independence) and to emphasize greater social commitment to reduce the incidence of domestic violence.
A man had come down. Criminal trial For some accusations that put his honor and reputation at stake. A public transport driver and married, dragged the employee to court. The wife Those who claimed to be victims of violence mentioned in Art. 572 of the Pakistan Penal Code:
whatever […] abuses a family member or associate, or any person subject to his authority or entrusted to him for upbringing, education, care, supervision or custody or for the exercise of any profession or art; If you go, you are punished. Imprisonment for three to seven years.
Court proceedings resulted in a criminal conviction. Abuse, sexual violence and personal injurywhich has become final. In fact, the man was sentenced to two years and six months in prison. And that was exactly the key factor that led to this Disciplinary action by the employer and the decision to dismiss him. The second judicial line is that which deals with the challenge of the employer’s return, a process which went so far CassationThe first two levels of judgment were unfavorable to the appellant.
The decision of the Supreme Court
gave Cassation – confirming what was established by the Court of Appeals – pointed out that Abnormal behaviorApart from being criminally relevant, may also be disciplinary relevant. In fact, the employee must:
- not only perform the services required by the employment contract,
- But don’t engage in behavior outside the workplace that could harm others. Moral and economic interests of the employer.
Therefore, this judge also accepted the reasons of the company where the employee was employed, with the clear words:
Justifies Termination for Cause Only a Additional work behavior which constitutes an offense and which leads to Irrevocable sentence of punishmentCharacterized by a lack of respect for the rights of others, even in the context of interpersonal or family relationships dignity and from the forms of Violence e Physical and psychological coercionNot sporadic, but habitual. And this, even more so, when the worker’s tasks are critical – such as a Public service representatives with constant Contact the public – and require strict respect and competence for users. Self control.
In summary, a worker – and especially one who works in contact with people – must be respected. Moral and civic responsibilitiesin one’s private sphere. If he doesn’t, he exposes himself to legitimate complaints. The employerwhich may result in outright dismissal without notice, due to breach of trust.
with the Sentence number 31866 Thus, a few days ago, the Supreme Court upheld the dismissal of a bus driver on grounds of justice. Abuse and violence against wife. Obviously, the off-duty behavior was a “warning light” of a lack of self-control, stress management, and failure to communicate with customers in an educated and respectful manner.
Based on the provisions of the Civil Code, Violation of the principles of due diligence and loyalty which support working relationships.
A broad concept of the family member
In connection with abuseIt is also important to remember the evolution of jurisprudence on the concept of victim of crime. In fact:
- While in the past this concept was traditionally limited to spouses, relatives, relatives, adopted persons and adoptive parents,
- Judges today adhere to a broader interpretation, which includes people connected by any kinship (as well as domestic helpers such as housekeepers and carers).
This change is of course very important and allows one to be punished for the offense mentioned in Art. 572 of the Penal Code, whether the assaults are committed against the accomplice. More uxorio.
What changes?
gave Supreme Court Decision No. 31866 constitutes a noteworthy precedent, reiterating – in truth – a now strong jurisprudential principle of the Piazza Cavour judges (among others Cass. n. 28368 of 2021 or n. 16268 of 2015).
Basically, for this man – criminally convicted – his position has changed irreversibly: disciplinary dismissal is justified, forcing him to quit his job.
For the community, and it is certainly needed today, the above clause represents a warning or a warning, because apart from the dangers. Criminal sanctionTheir Maximum disciplinary sanctioni.e. unilateral return of the employer.
Anyone who makes violent gestures towards a colleague irreparably damages the relationship of trust with the company, because it damages him. Reputation and image towards the public. In the concrete case under consideration here, the man actually worked as a bus driver and, consequently, his public transport company had a vested interest in maintaining a certain decorum – and the staff within it. Also with respect to – and exclusion of risks of loss. Reliability on quality of service.
For this reason, high risks of dismissal, well understood, exist in all cases in which the criminal fact is considered legally and socially serious, as e.g. In the case of violence, intimidation or crimes against the dignity of others, attacks on public order or public health.
