Atty Evangelista Basile discusses the topic of side and flexible part-time clauses

Our senior partner Evangelista Basile will give a lecture tomorrow, Tuesday 28 June, as part of the training course organised by the commission for certification, conciliation and arbitration and the sub-commission of the employment consultants’ association of the province of Varese.

The topics he will target include: side clauses (probationary period – notice period – non-competition covenant – stability covenant – redundancy incentives – performance bonuses), part-time flexible clauses (transformation from full-time to part-time and vice versa – temporarily to resolve a crisis or reorganisation, as well as hiring part-time executives and managers), and fixed-term relationships.

The session will be held in person, from 2 p.m. to 6 p.m., at the offices of the employment consultants’ association of the province of Varese at 2, via Dante Alighieri, Varese.

The flyer can be downloaded from this link.

 

Labour law and HR management: lectures by Atty Evangelista Basile for Ipsoa’s master course

Evangelista Basile’s programme yesterday was particularly rich in content as part of the master course “Employment law and the management of personnel” organised by IPSOA.

The senior partner of our firm addressed various arguments related to self-employment, with an overview of the history of its discipline, as distinct from that of subordinate employment, and highlighting the borderline between employee and freelance work is ever more difficult to delineate.

The rules of the game have been changed by work from home in particular, since the achievement of determined objectives is now more important and work performance is rendered with greater autonomy.

Evangelista outlined regulations and innovations in the area of job assignment, and finally explained the provisions governing mandatory employment in Italy.

Continuous training, Atty Evangelista Basile explains what is Justified Objective Reason (in Italian, GMO)

Second appointment, today, in the scope of  CSLP continuous training course by Euroconference. the topics addressed Atty Evangelista Basile shall present the difficult topic of layoffs for Justified Objective Reason and economic reasons.

Our Senior Partner will speak about worker-related Justified Objective Reasons (GMO) for dismissal, e.g., being unfit for the job from a physical or legal standpoint. Furthermore, he will explain what professional inability and loss of qualification mean, as well as supervening unsuitability for the job, and exhaustion of the illness leave time allowed, with an additional focus on repêchage and employee’s adaptation to the organisation

As regards the consequences of unlawful dismissal, the three regimens of protection by law, protection in re (art. 18) and increasing protection (Legislative Decree no. 23/2015) will be explained.

The brochure of the entire training course can be downloaded from this link.

Cross-border secondment and posting, Atty Massimo Pallini talks about possible misuses.

“The discipline of posting in the interpretation of the Court of Justice and in Italian case law: food for thought and critical issues”. This is the training course accredited by Milan’s Bar, to be held at Università Statale, in which Atty Massimo Pallini will make a presentation on the misuse of transnational secondment by means of a sort of triangulation of temporary workers. The economic advantages that uscrupulous companies derive from this phenomenon make it urgent to stop such misuse and seek for remediation, so as to safeguard employed workers and compliant companies.

Where:  Faculty of Political, Economic and Social Sciences at 7, Via Conservatorio Milan, and also online through MS Teams.

When: 6th July 2022, 3:00 to 6:00 p.m.

The programme can be downloaded from this link.

Ghezzi Prize 2021 awarded to our trainee Sofia Bitella

The contest regarding the best J.D. dissertation in Italy had two winners this year, first equal: Dr Ambra Ferro and Dr Sofia Bitella. The important award is intended for graduates who have discussed their thesis in Italian universities during the academic year.

The topic of Sofia’s thesis “Beyond Subordination: Discipline and Protections for the New Generation of Self-Employed Workers” is an argument often targeted by Atty Pietro Ichino too, who already in 2010 presented the “Manifesto of the Second Generation of Self-Employed Workers” on his website. He emphasised how this form of work, which is different from the recognised and protected professions, is highly useful for Italian companies, but neither politics, nor the industrial relations system, nor the media have ever cared enough about it.

After more than a decade, the subject of study has remained complex, and the current new generation of self-employed workers is in a still-changing scenario.

Freedom of Enterprise and Work Development in Decentralised Manufacturing, Workshop in Rome

On occasion of the opening of our new offices in Rome, we will meet in a workshop to talk about the strategic “make or buy” choice in the light of the evolution of business models, how it should be governed by the law, and its overall impact on the organisation of work.

Lawyer Mario Miceli, our new partner in the Rome office, will introduce the event.

Our Partners Pietro Ichino, Guglielmo Burragato, and Massimo Pallini will address the topic from a juridical standpoint, whilst Mr Fabio Bonfanti and Mr. Roberto Pagella of the company Accenture, as well as Ms Daniela Garreffa of the company Almaviva, will present their insights as company managers.

The programme, including location and hours, can be downloaded from this link.

 

Atty Francesco Brugnatelli at Galilei Institute

Galileo Galilei Institute supports joint research projects on areas of shared expertise between Scuola Superiore Sant’Anna in Pisa and the University of Chongqing.

The Institute carries out excellence projects in collaboration with several departments of the prestigious Chinese university and promotes academic dialogue between professors of the University of Chongqing and several Italian institutions.

As a member of the Institute’s ‘Circle of Friends’, our Senior Partner Francesco Brugnatelli told Mr Marco Bonaglia about his experience: “Our interest in the Chinese market and our relationship with Chinese clients have been developed by me, based on my passion for the Chinese culture. We have built partnerships with some local authorities, we have assisted Chinese companies after they acquired Italian companies (including in the field of governance), as well as individuals and families who chose to come to Italy. Also because of my relationships with some Chinese colleagues, I have assisted important Chinese companies in international arbitrations. In the last two years, also due to the pandemic, we have developed contacts and relations with Chinese people and entities in Italy, a very lively and dynamic reality, thanks also to the increasing number of Chinese foreign students enrolled in our universities and academies”.

The text (in Italian) of the entire interview is available here.

 

New anti-Covid measures for healthcare professionals

Article by Atty Matteo Motroni for Eutekne, the novelties of the anti-Covid regulations for healthcare workers.

Our Salary Partner Matteo Motroni summarises the novelties that 2021 Decree-law has brought on the anti-Covid vaccine front, in particular for health care workers, administrative staff of health care facilities, prison facilities, schools and law enforcement agencies.

In the same article, available at this link, Matteo briefly describes the main consequences of the adoption of such measures, with references to recent case law on the subject, from a labour law standpoint.