Our lawyers harness their knowledge and experience to provide legal advice and judicial assistance in case of employment-related dispute or litigation. We represent our clients at court throughout Italy, before national higher courts, the European Court of Justice, and arbitration panels. Employment-related matters may include:
The operations of our company clients’ businesses vary across the many sectors they belong to, and they are structured according to the requirements of the specific industries. Our company clients can be confident that we put their needs first to help them manage employees, collaborators and agents on a day-by-day basis. We provide assistance with payroll operations thanks to our ongoing collaboration with Studio Tresoldi, expert in payroll, labour counselling, and the related regulatory issues.
In cases of company acquisitions or sales, including international ones, we provide assistance with every employment-related operation and issue, including, without limitation, personnel management, employee repatriation, cross-border transfer or secondment, and labour due diligence in close contact with the financial advisors of the transactions.
The Court of Cassation in its judgment no. 27334/2022 states that dismissal is to be considered null and void, where the allowed sickness leave has not elapsed, regardless of the number of employees in the company. If the employer is a small company, however, the so-called attenuated reintegration protection applies, pursuant to Article 18(7) of the Workers' Statute. The commentary by Evangelista Basile and Rosibetti Rubino on this ruling, which overturned the first two degrees of judgement, highlights its importance from a jurisprudential point of view. Our labour lawyers analyse the grounds of the judgment, in particular the normative references that were declared applicable to the case under examination. The Court's orientation is clear from this analysis: whether or not the 15-employee threshold is met cannot legitimise a diversification of the consequences of a null dismissal. According to the Supreme Court, this would be the only interpretation compatible with the need to ensure rationality and harmony to the system of protections in the case of dismissal.
The regulatory reference is of course Legislative Decree 81 of 2008, of which the criminal lawyer analyses in particular articles 16 and 17. Atty Laura Panciroli provides a practical guide on the subject of legislation for the prevention of accidents at work, recalling its foundation in the Constitution and its purposes, the subjects involved and possible cases.
The cooperation of experts in the two different fields can remedy flaws that have damaged the labour market for decades in our country.