European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Law 300/1970, Art. 4 Legislative Decree No. 152 of 26 May 1997, Art 1 Privacy Code (legislative decree 196/2003), amended by legislative decree 101/2018 Legislative Decree No. 104 of 27 June 2022 Law No. 48 of 4 May 2023, Art 26
Legal framework ensures a balance between operational needs of employers and the privacy and rights of employees: the Workers' Statute (Law 300/70) sets the foundation by prohibiting audiovisual and remote monitoring systems unless there's an agreement with trade union representatives.
Employers are also bound by a comprehensive obligation to inform employees about various aspects of their employment, including the use of any monitoring systems (detailed in Legislative Decree No. 152/1997 and further elaborated in Legislative Decree No. 104/2022). The Privacy Code, as amended by Legislative Decree 101/2018, reinforces these principles by requiring a solid legal basis, such as collective agreements or administrative authorizations, for the implementation of monitoring systems. It also mandates strict adherence to data protection laws, ensuring that any data collection is relevant, limited, and respects the privacy rights of individuals.
Furthermore, recent legislative developments, such as Law No. 48/2023, introduce additional layers of employee protection, including requirements for employers to provide or make accessible collective contracts, company rules, and information about automated decision-making systems used in the workplace, unless exempted due to industrial or commercial secrecy.
The main Italian trade unions (CGIL, CISL and UIL) have clear positions regarding the monitoring and surveillance of employees. They emphasise the importance of oversight to reduce risks, accidents, and occupational diseases. They promote access to new digital technologies, workers' participation in company management, and continuous training. The common goal is to ensure the health and safety of workers, respecting their rights and actively involving them in company management.
Eurofound (2023), Italy: Employee monitoring and surveillance, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/italy
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Since 2011, the Restructuring support instruments database of the EU PolicyWatch has been collecting information on measures that assist companies and workers to anticipate and manage restructuring. This article looks at measures in the database aimed at supporting employees and employers during the COVID-19 pandemic (2020–2022).
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