Justified dismissal - Investigation in Italy
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Justified dismissal in italy

Justified dismissal in italy

Justified dismissal. Public servants who neglect clocking-in or “forget” to clock-out may be made redundant.

The Court of Appeal tightens its grip on employees who cheat timekeeping systems. Public servants who clock-in earlier or clock-out later than scheduled, or have a colleague clock them in or out without actually being physically present at work may be dismissed. “Forgetting” to clock-in or out does not constitute a valid excuse to avoid being made redundant. In its recent ruling (24574/16 Ed.), the High Court has recognised such practices as false declarations and therefore as dishonest and unlawful conduct. “To dismiss public servants who routinely cheat timekeeping systems and do not carry out their assigned tasks during that time is justified”, so the High Court has ruled.Licenziamento per giusta causa - dipedenti pubblici

The Italian definition for such crime is “falsa attestazione di presenza in servizio”, punishable by law with redundancy and imprisonment according to the Civil Service Consolidate Law, irrespective of any possible collective agreements.

Justified dismissal? Lawmakers give the go ahead.

It is worth noting that nr.36954 ruling of 2016 from the Court of Audit (Second Chamber), lodged 22nd January 2017 in Rome, deems appropriate and legitimate to hire an investigation agency to verify illicit conducts of an employee in the public sector as well.


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