… The issue pertaining to the cd. “Defensive controls”, ie those controls that the employer puts in place in order to ensure the fulfillment of any illegal conduct, has been widely scrutinized by the Court of legitimacy, the validity of the text in article 4 of Law 20 / 5/1970 n.300, prior to rewriting disposed art.23 d. Igs. 14/9/2015 151. As stated in previous arrests of this Court, the aforementioned article 4 “is part of the complex legislation directed to contain in various ways the events of the Steering organizational power of the employer who, in the manner of implementation accidents in the person’s sphere, is deemed detrimental to the dignity and privacy of the worker “(Cass., 06.17.2000, n. 8250), on the assumption – “expressly stated in the Ministerial Report – that the supervision of the work, although necessary in production organization, should be maintained in a human dimension, and that is not exasperated by the use of technologies that can make the same vigilance continuous and inelastic, eliminating every area of ​​confidentiality and autonomy in their work, “(Cass., n. 8250/2000, cit., Cass., 17.07.2007, n. 15892, and Cass., 23/2/2012, n . 2722, Cass. n.10955 05/27/2015). The principles established by a dating address by which it is held that the adoption of a “defensive” nature did not require outright control instruments of the prior agreement with the trade unions nor any special authorization, as it sought to prevent nrg 28516/2015 illegal conduct likely to endanger the safety of the company’s assets and smooth, smooth progress of work performance (see Cass. N.4647 03/04/2002), they were therefore harmonized with the further principle according to which the need to avoid the fulfillment of illegal conduct on the part of employees, can not assume a flow rate such as to justify a substantial cancellation of any form of guarantee of the dignity and confidentiality of the worker. 7. As indicated, and despite the diversity of shades that characterize the jurisprudential dicta issued on the issue discussed in relation to the peculiarities of the cases examined, it was received by the assertion of a trend eligibility of defensive checks “occult”,


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