The fact
A scientific medical informant operating in some limited areas of Campania also took legal action against the employer pharmaceutical industry to obtain the declaration of illegitimacy and ineffectiveness of a disciplinary sanction and the joint condemnation of the defendants to pay compensation for the damages suffered as a result of the "mobbing" which he claimed to have been implemented against him by the company and by his hierarchical superior.
The Court of Naples, in accepting the proposed exceptions, declared its territorial incompetence, noting that the employment contract had been stipulated in Rome where the Company was also based and that the informant's home, in the specific case, could not be considered a final branch of the company. The matter was referred to the Supreme Court for consideration.
Legal profiles
The civil procedure code (art. 413) identifies the territorially competent judge for labor disputes by indicating three alternative special forums: the place where the relationship arose, the one where the company is located, the one where the company branch to which the worker is employed is located.
The interpretative problem in the case in question is that of establishing what is meant by "company dependency to which the worker is assigned".
The jurisprudence of the Court of Cassation has held that carrying out the activity of pharmaceutical scientific informant with the use of a computer with an "ADSL" network connected to the employer company, a mobile phone and a company car, as well as the existence of a deposit of pharmaceutical products in a suitably equipped adjoining room, allow the rooms of the house to be classified as an outbuilding. It has also been specified that in order to be able to consider the employee's home as termination of the business, it is necessary that the entrepreneur, by his conscious choice, has directed an albeit modest complex of goods, owned by him or others, to the exercise of the entrepreneurial activity by placing the worker there for the performance of the agreed activity.
Judgment result
The Board considered the reasoning followed by the Court of Naples to be correct in the sense of excluding, in the concrete case, the existence of proof that the pharmaceutical company had intended to locate a corporate division in the worker's home, since the following could not be considered sufficient for this: providing the informant with a portable personal computer - as such usable in any place - this also in consideration of the fact that the professional's home had not been equipped with a company network to which connection was made through an "internet" connection and with the use of a "password ", a connection that can be made via the portable "pc" even from anywhere else; by the presence of advertising material which, moreover, in the contested order, had been defined as of an unspecified nature; from having the company paid an indemnity for the deposit of the material. Moreover, in relation to this last circumstance, the Neapolitan Court recalled what had previously been stated by the Cass
