Abbandono ingiustificato del lavoro, GPS e investigatori privati tra controlli difensivi e Jobs Act

The Author analyses the judgment of the Italian Supreme Court, no. 20440 of 2015, in the light of the statutory regulations preventing the employers to utilize security guards and remote devices to control workers in the workplace. More in detail, is examined the Italian jurisprudential theory of "defensive controls", to highlight the attempt of the Supreme Court to extend its scope of application, despite the limits set by Article 2, 3 and 4 of the Italian Workers' Statute. The Authors addresses, furthermore, the reform of Article 4 of the Italian Workers' Statute, introduced through Legislative Decree No. 151 of 2015 and still not in force when the facts submitted to the judgment happened. About that, the article discuss the impact of the said reform in the next potential evolution of workplace practice and case-law about the employer's power of control on workers.