Uncategorized Archivi - Studio legale Ichino Brugnatelli

Article by Atty Panciroli on Occupational Health and Safety Journal

Posted on 6 February 20236 February 2023 by guestadmin

This month our Partner Laura Panciroli summarises and clarifies what are the conditions for the effectiveness of the delegation of functions in criminal labour law, in her article for the Italian journal and website Ambiente & Sicurezza.

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.

Laura Panciroli draws attention to the employer’s obligation to supervise the delegate’s proper performance of the transferred functions, an obligation that is deemed fulfilled if the verification and control model is adopted and effectively implemented.

She then addresses the issue of the delegate’s financial autonomy, pointing out the possible situations that arise in the event of the need for timely interventions whose costs do not fall within the foreseen and allocated budget.

Finally, the author recalls the functions that the employer cannot delegate, such as the appointment of the Prevention and Protection Service Manager (RSPP) and risk assessment. The employer, however, is not obliged to perform the tasks related to these functions himself, as he/she can assign them to someone with the necessary skills. She/he nevertheless retains his/her position of guarantee.

As for the possibility of sub-delegation, this must comply with the conditions for validity and effectiveness of the first degree delegation, including the duty of supervision.

The contents are available at: www.ambientesicurezzaweb.it

Ambiente & Sicurezza offers legal updates, technical regulations and applications, presenting itself as the first integrated paper/web information system.

Criminal lawyer Laura Panciroli regularly contributes to the magazine. In her clear and concise articles, she comments on new legislation, without forgetting the main aim of clarifying operators’ doubts and offering them a practical vademecum.

All the contents of the magazine are available in the Ambiente & Sicurezza database, updated in real time.

Atty Sergio Passerini recaps the novelties brought about by the “Transparency Decree”.

Posted on 17 November 202226 January 2023 by guestadmin

For Eutekne’s magazine “La Consulenza del Lavoro”, senior partner Sergio Passerini delves into some of the novelties brought about by Legislative Decree No. 104 of 27.6.2022, the so-called Transparency Decree.

By this Decree, Italian lawmakers implemented Directive 2019/1152/EU of the European Parliament and of the Council into Italian law, regarding transparent and predictable working conditions in the European Union. The measure transposing the aforementioned directive affects various pre-existing national laws, with the aim of increasing the information that the employee is entitled to receive from his employer or principal at the start of the relationship and to ensure certain minimum guarantees during its course.

Many are the institutions involved and with which this decree requires to be confronted; among them is also the notice of dismissal or resignation.

The full version of the article is available online in the magazine La Consulenza del Lavoro by Eutekne; for more information: www.eutekne.it/sile.

[Photo by Nile from Pixabay].

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

Posted on 27 June 202227 July 2022 by admib

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

Posted on 6 July 202227 July 2022 by admib

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)

Posted on 23 June 202227 July 2022 by admib

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.

Posted on 20 June 202227 July 2022 by admib

“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

Posted on 16 June 202227 July 2022 by admib

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

Posted on 18 May 202227 July 2022 by admib

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.

New anti-Covid measures for healthcare professionals

Posted on 28 September 202127 July 2022 by admib

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.

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