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Partner Giuseppe Bulgarini d'Elci Contact

Giuseppe Bulgarini d’Elci is a partner in Carnelutti Studio Legale Associato. He is the head of the firm’s labour law department. He has been working for more than 20 years in the area of labour law and labour relations.
His experience across the various areas of labour and trade union law ranges from managing litigation on individual and collective dismissals, to secondments and suspensions of employment, to litigation on classification and change of employees’ duties, disciplinary procedures, breaches of non-compete clauses and solicitation of employees. Giuseppe has acquired significant experience in reduction in workforce procedures and transfers of businesses, including within the context of M&A deals.
He assists on the setting up of executive employment, semi-subordinate employment and independent contractor relations, on incentive plans and exclusivity restrictions for staff, and agency relations. Giuseppe has contributed to the drafting and review of company and collective labour agreements and also handles civil service employment matters and has specific skills in disputes within local authorities and the school system.
He is a regular contributor to the leading business newspaper "IlSole24Ore". He teaches at Scuola di Alta Formazione in Diritto del Lavoro organized by AGI (Association of Italian Labour Lawyers). He taught labour law and social legislation for the Centro di Formazione Professionale IAL Lombardia and for the Meliusform training centre.
Giuseppe is a member of AGI, the Italian Labour Lawyers Association, and of EELA, the European Employment Lawyers Association.
He is lecturer on labour and employment law matters and has written extensively in such areas. He is the author of the book "Il contenzioso del lavoro nelle istituzioni scolastiche ed educative” (Labour litigation in schools and education organizations), published in June 2007, Spaggiari Ed.. Giuseppe co-wrote the books “Nuovo Codice dei contratti di lavoro e modifiche delle Mansioni” (New Code of Employment Contracts and Changes to Employment Duties) and “Il licenziamento del dirigente” (Executive Dismissals), both published by Giuffré Editore. More recently, he wrote specific chapters of the instant book “Jobs Act 2015”, edited by Il Sole24Ore.
Prior to joining Carnelutti, he worked for leading domestic law firms.
He is recommended as a labour law expert by Legal 500 and TopLegal 2015.
Giuseppe was admitted to the Italian Bar Association in 1996, and has held rights of audience/representation before the Italian High Court since 2009.
He is fluent in English and French, in addition to his native Italian.

If you would like more information about Giuseppe Bulgarini d'Elci's representative experience, e-mail him directly: gbulgarini@carnelutti.com.

One Year of Labour Law – Highlights 2018

December 12, 2018
Giuseppe Bulgarini d'Elci will be a key note speaker at the conference entitled "One Year of Labour Law – Highlights", organised by AIDP (Associazione italiana per la direzione del personale). The event will take place at salone Valente, Via San Barnaba 29, Milan.

Dignity Decree: Changes to Employment Contracts

November 20, 2018
Giuseppe Bulgarini d’Elci and Marco Sartori spoke at the seminar “Dignity Decree: changes to employment contracts. What room for manoeuvre for legal experts and companies”, organized by the Milan Bar together with Giuffrè Francis Lefevre. The event took place at Rotonda Bistro, Rotonda della Besana Via Enrico Besana n. 12 - at 6.30 pm.

Legalcommunity Labour Awards 2018

October 2, 2018
Carnelutti Studio Legale Associato was awarded the Legalcommunity Labour Awards 2018 as “Best Italian Firm for its Smart Working Practice”. The award was received by Giuseppe Bulgarini d'Elci and his team, during the gala dinner organized by Legalcommunity on Monday 1 October 2018. Reasons for this award: "This year, Giuseppe Bulgarini d’Elci’s team focused particularly on the highly topical issue of Smart Working. Other significant projects managed by Carnelutti included drafting and implementing innovative individual and corporate agreements on agile work and corporate welfare."

HR Management

October 26, 2018
Giuseppe Bulgarini d’Elci took part as speaker in the Specialization Seminar "La gestione del personale alla luce delle ultime novità normative - 2018" (HR management in light of the latest changes in legislation – 2018) that took place from 26 October to 30 November (5 half-a-day units each). The class is organized by AIDP (Associazione Italiana per la Direzione del Personale, Italian Association for HR Management) and its purpose is to give all people who operate in Human Resources specific training that reviews and analyses some of the fundamental labour law regulations.

The “Dignity Decree”

September 28, 2018
Giuseppe Bulgarini d’Elci took part as speaker in the conference “Decreto Dignità”: le nuove disposizioni in materia di contratto a termine e somministrazione e le sanzioni in caso di delocalizzazione delle imprese (The “Dignity Decree”: new regulations on temporary agency work and financial penalties in the event of state-aided company relocations). The event was organized by AIDP and AGI with the sponsorship of the Milan Bar of Lawyers and took place on 28 September 2018, at the Valente Conference Room, Via San Barnaba 29, Milan

Which safeguards for employment in “gig-economy"?

July 19, 2018
Giuseppe Bulgarini d'Elci organized an inhouse seminar entitled “Tra autonomia e subordinazione, quali tutele per il lavoro nella “gig-economy”?" (In between self-employment and subordinate employment. Which safeguards for employment in “gig-economy"?) together with Legalcommunity.    

“GDPR” and Managing Employment Relationships

April 20, 2018
Giuseppe Bulgarini d’Elci, Stefano Mele and Giulia Busin were key note speakers at the seminar “Il Regolamento europeo sul trattamento dei dati (“GDPR”) e la gestione dei rapporti di lavoro” (The EU’s General Data Protection Regulation (“GDPR”) and managing employment relationships), which took place at Palazzo Stelline, Milan.  

Assolombarda Seminar

March 7, 2018
Giuseppe Bulgarini d’Elci and Roberta Cristaldi spoke at the seminar on assignment of one fifth of the salary to the creditor and seizure of salary in light of recent changes in legislation, organized by Assolombarda Confindustria Milano Monza e Brianza, Milano. http://www.assolombarda.it/servizi/lavoro-e-previdenza/appuntamenti/la-cessione-del-quinto-dello-stipendio-e-il-pignoramento

9th Tutto Lavoro Conference

February 26, 2018
Giuseppe Bulgarini d'Elci participated as a speaker in the 9° Tutto Lavoro "Novità e prospettive legislative per il Mercato del Lavoro e le Pensioni" (9th All Employment "New legislative features and legal outlook for the Labour Market and Retirement benefits) the event organized by il Sole24Ore and dedicated to analyzing the job market. The conference took place at the headquarters of Gruppo24Ore, in Milan. The panel was made up of the most important labour experts. http://eventi.ilsole24ore.com/tuttolavoro-2018

Collective Bargaining and Welfare

February 8, 2018
Giuseppe Bulgarini d'Elci organized an inhouse seminar entitled “Collective Bargaining and Welfare” together with AIDP. Speakers will be: Giuseppe Bulgarini d’Elci, Marco Sartori, Roberta Cristaldi and Elisabetta Dallavalle, Nestlé Italia Group. The seminar focused on second-level collective bargaining, opportunities connected to an efficient systems of industrial relations, including at company level, and specifically labor costs savings prospects resulting from the adoption of welfare plans.

Collective Bargaining and Welfare: New Scenarios and Opportunities

January 18, 2018
Giuseppe Bulgarini d’Elci was a keynote speaker at the conference entitled “Contrattazione collettiva e welfare: nuovi scenari e opportunità (fiscali e contributive)” (Collective bargaining and welfare: new scenarios and (tax and social security) opportunities) organized by the Bar of Certified Public Accountants of Alessandria and the labour department of the Municipality of Alessandria together with Carnelutti Studio Legale Associato. The event took place at the Convention Hall of the C.R. Tortona Foundation – via Emilia n. 168.

Collective Bargaining and Welfare: New Scenarios and Opportunities

January 18, 2018
Giuseppe Bulgarini d’Elci will be a keynote speaker at the conference entitled “Contrattazione collettiva e welfare: nuovi scenari e opportunità (fiscali e contributive)” (Collective bargaining and welfare: new scenarios and (tax and social security) opportunities) organized by the Bar of Certified Public Accountants of Alessandria and the labour department of the Municipality of Alessandria together with Carnelutti Studio Legale Associato. The event will take place at the Convention Hall of the C.R. Tortona Foundation – via Emilia n. 168.

Company-Level Agreements in the Framework of Modern Trade Union Relations

November 28, 2017
Giuseppe Bulgarini d’Elci, Giulia Busin and Marco Sartori were keynote speakers at the seminar entitled: “La contrattazione aziendale in una moderna dinamica di relazioni sindacali” (Company-level agreements in the framework of modern trade union relations), organized by Federazione Gomma Plastica. The event took place at Centro Congressi Stelline, Milan.  

Executives and Directors: Acting Simultaneously as Executive and Director

October 27, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori were keynote speakers at the seminar entitled: “Dirigenti e Amministratori: Il cumulo del rapporto di lavoro dirigenziale e del rapporto di amministrazione” (Executives and Directors: acting simultaneously as executive and director), organized by Assolombarda Confindustria Milano Monza e Brianza. The seminar analyzed the issue of when a manager is simultaneously an executive employee and a director, in light of decision no. 1545/2017.of the Court of Cassation sitting en banc, dated 20 January 2017.

Labour Conference - Assolombarda

September 27, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori were keynote speakers at the conference entitled: “Business Welfare 2.0 - Tool for collective bargaining and tax savings - Social security issues”, organized by Assolombarda Confindustria Milano Monza e Brianza.

Lawyer Issue 2017 Awards

July 3, 2017
Our Firm won the Lawyer Issue 2017 awards as Labour Law Firm of the Year in Italy.

8th Annual GLE Awards

June 6, 2017
Our Firm has been chosen as the winner in the category - Trade Unions Law - Law Firm of the Year in Italy.

Work Contracts and Switches in Contractors

June 29, 2017
Giuseppe Bulgarini d'Elci organized an in-house seminar, entitled: "Appalto e cambio appalto, Quali rischi per il committente alla luce delle più recenti riforme (L. 122 del 7.7.2016 e D.L. 25 del 17.3.2017)?" (Work contracts and switches in contractors, Risks for the client in light of the latest changes in legislation (Law no. 122 dated 7.7.2016 and Decree Law no. 25 dated 17.3.2017). The seminar was moderated by Legalcommunity journalist Rosailaria Iaquinta. Marco Sartori participated in the seminar as a speaker.

Works Contracts and Supply of Temporary Workers

April 13, 2017
Giuseppe Bulgarini d’Elci will be a participating speaker in the Conference entitled: “Appalti e somministrazione: gli aspetti giuslavoristici” (Works contracts and supply of temporary workers: labour law issues). The event organized by Assolombarda Confindustria Milano Monza e Brianza will focus on describing regulations applicable to works contracts, as recently amended, and to the supply of temporary workers. http://www.assolombarda.it/servizi/lavoro-e-previdenza/informazioni/appalti-e-somministrazione-gli-aspetti-giuslavoristici-incontro-13-aprile-2017

8th TuttoLavoro Conference

April 10, 2017
Giuseppe Bulgarini d’Elci participated as speaker at the 8th TuttoLavoro Conference, the event organized by Il Sole24 Ore focused on analyzing the labour market reforms following approval of the implementing regulations for the Jobs Act. The Experts of Il Sole 24 ORE discussed the most significant changes in market regulations that businesses and employees will have to come to terms with in the immediate future. This year, the afternoon focus on Retirements had special significance. It was dedicated to the reform of the pension system following the huge success of the recent event Tuttopensioni 2017. The conference took place at the headquarters of Gruppo24Ore, in Viale Monte Rosa 91, Milan. The panel comprised many of the most important labour law experts and practitioners. http://eventi.ilsole24ore.com/8-tuttolavoro

Employment Law Firm of the Year

March 27, 2017
Carnelutti Studio Legale Associato won the ACQ Law Awards 2017 as “Employment Law Firm of the Year”.

Protections after the Jobs Act

March 30, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori spoke at the round-table  entitled: “ Le Tutele dopo il Jobs Act. Discussione sulla reale portata delle tutele crescenti” (Protections after the Jobs Act. Discussion on the practical effect of increasing protection) which took place in Turin.

Levels of Remuneration and Corporate Welfare Policies in Company Agreements

February 27, 2017
Giuseppe Bulgarini d’Elci spoke at the seminar entitled: “Ambiti di autonomia della contrattazione aziendale nella definizione dei livelli retributivi e delle politiche di welfare aziendale” (Margins of freedom in negotiating levels of remuneration and corporate welfare policies in company agreements), organized by the Italian Bar together with ilgiuslavorista.it.

Welfare and Increasing Protection

February 15, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori were key-note speakers at the seminar entitled. ““Welfare e tutele crescenti” (Welfare and increasing protection) organized by Federazione Gomma Plastica together with Carnelutti Studio legale Associato.The event took place at Palazzo Stelline, in Milan.

Editors' Choice Winner of the 2017 Corporate Intl Magazine Global Award

January 10, 2017
Carnelutti Studio Legale Associato was chosen as the Editors' Choice winner of the 2017 Corporate Intl Magazine Global Award in the category Trade Unions Law - Law Firm of the Year in Italy.

Legalcommunity Labour Awards

September 28, 2016
Carnelutti Studio Legale Associato won the Legalcommunity Labour Awards 2016 as “Best Italian Law Firm for its Agency Contracts’ Practice”. The award was received by partner Giuseppe Bulgarini d’Elci and his labour team, during the gala dinner organized by Legalcommunity at the Museo della Scienza e della Tecnica on Tuesday, September 27, 2016.

Corporate-Level Collective Bargaining after the Jobs Act

September 22, 2016
Giuseppe Bulgarini d'Elci organized an in-house seminar, entitled: "La contrattazione aziendale dopo il jobs act, quale scenario per le imprese" (Corporate-level collective bargaining after the jobs act, which scenario for companies). The seminar was moderated by Legalcommunity Director Nicola Di Molfetta. Marco Sartori participated in the seminar as a speaker.

Corporate Welfare (an opportunity for companies and workers)

July 14, 2016
Giuseppe Bulgarini organized an in-house seminar entitled “Corporate welfare (an opportunity for companies and workers)”.  The event sponsored by Federazione Gomma Plastica, took place at 5.30 pm.

“Jobs Act”, the Reform of Labour: Regulations and Insight

May 11, 2016
Giuseppe Bulgarini d’Elci and Marco Sartori were keynote speakers at the conference entitled “La nuova riforma del lavoro “Jobs Act”: disciplina e spunti critici” (“Jobs Act”, the Reform of Labour: regulations and insight) organized by the Bar of Certified Public Accountants of Alessandria and the labour department of the Municipality of Alessandria together with Carnelutti Studio Legale Associato and with the support of the Chamber of Commerce of Alessandria and the Municipality of Alessandria. The event took place at the Convention Hall of Palazzo Monferrato in Alessandria – via San Lorenzo n. 21.

New Regulations in Decree 81/2015 on Employment Contracts and Job Duties

February 29, 2016
Giuseppe Bulgarini d’Elci and Marco Sartori spoke at the seminar “Le novità del Decreto 81/2015 sui contratti di lavoro e la disciplina delle mansioni” (New regulations in Decree 81/2015 on employment contracts and job duties), organized by Assolombarda Confindustria, in Monza. The seminar was an occasion to analyze the operation of different types of contracts and of regulations on job duties in light of the new provisions of Legislative Decree no. 81 of 25 June 2015.

New Regulations on Employment Duties – Is Downgrading Being Abolished?

October 15, 2015
Carnelutti Studio Legale Associato together with Legalcommunity.it organized a conference entitled: La nuova disciplina delle mansioni – Esce di scena il demansionamento? (New regulations on employment duties– Is downgrading being abolished?). The event took place in our Milan offices.

6th Tutto Lavoro Conference

October 12, 2015
Giuseppe Bulgarini d'Elci participated as a speaker in the 6° Tutto Lavoro "Il Jobs Act al traguardo" ( 6th All Employment "The Jobs Act near the finish line) the event organized by il Sole24Ore and dedicated to analyzing the job market reform after approval of the implementing regulations of the Jobs Act. The conference took place at the headquarters of Gruppo24Ore, in Milan. The panel was made up of the most importan labour experts.

Workers’ and Company Lawyers on Consultant Contracts, Fixed-term Employment Contracts and Changing Legal Framework

July 7, 2015
Giuseppe Bulgarini d’Elci was a key-note speaker at the conference entitled “Gli avvocati dei lavoratori e delle imprese su collaborazioni, contratti a termine e ius variandi: “en garde!” (Workers’ and company lawyers on consultant contracts, fixed-term employment contracts and changing legal framework: “en garde!”) organized by AIGI Lombardia together with the Bar of Milan (Ordine degli Avvocati di Milano). The event took place at Salone Valente, Via Friguglia 14, Milan.

5° TuttoLavoro Conference – Il Sole24Ore

March 30, 2015
Giuseppe Bulgarini d’Elci participated as speaker in the 5° TuttoLavoro “Dalla legge delega ai decreti attuativi”, (5th TuttoLavoro Conference “From the delegation law to implementing regulations”) the event organized by Il Sole24 Ore and dedicated to analyzing the labour market reform after approval of the implementing regulations for the Jobs Act. The conference took place at the headquarters of Gruppo24Ore, in Viale Monte Rosa 91, Milan. The panel comprised many of the most important labour law experts and practitioners. http://www.formazione.ilsole24ore.com/st/dem/150306/tuttolavoro/dem_tuttolavoro.htm

HR Management

November 22, 2014
Giuseppe Bulgarini d’Elci e Marco Sartori spoke at the Class on HR Management organized by the training agency Meliusform in Milan.

A Tutor for Innovative Startups

September 29, 2014
Giuseppe Bulgarini and Marco Sartori spoke at the conference entitled “Un Tutor per le Startup innovative” (A Tutor for Innovative Startups), organized by the Italian Chamber of Commerce of Milan. The event took place on Monday September 29, 2014 at 5pm, Sala Consiglio I Palazzo Turati, via Meravigli 9/b, Milan.

Emotional Distress

November 22, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: "Dimissioni senza valore se firmate sotto stress " (Resignations are void if signed in a state of emotional distress), published in the Italian business newspaper Il Sole24Ore.

Fixed-term Temporary Agency Contracts up to 24 Months

November 22, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: "Lavoro a termine fino a 24 mesi per le agenzie" (Fixed-term temporary agency contracts up to 24 months), published in the Italian business newspaper Il Sole24Ore.

The latest Legislation for Fixed Term and Temporary Agency Work Contracts

October 29, 2018
Bulgarini and Marco Sartori have co-authored a new publication on the latest legislation for fixed term and temporary agency work contracts.  The book, which is published by Giuffrè Francis Lefebvre, analyzes and explains the critical issues relating to the new rules, The reform changes significantly the previous discipline where the utilization of fixed term and temporary contracts did not require to indicate a business reason. The opportunity to utilize temporary and fixed term contracts with no indication of a reason is now limited to those with a duration of a maximum of 12 months. The aim of the book is to help HR Directors to navigate through the complexities of the new rules and to identify the best solution for their particular needs.

Ordered Unethical Practice Prevents Dismissal

October 10, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: “La pratica scorretta imposta, blocca il licenziamento”(Ordered unethical practice prevents dismissal), published in the Italian business newspaper Il Sole24Ore.    

Temporary Agency Employment Contracts

October 3, 2018
Giuseppe Bulgarini d'Elci wrote on the reform of the “Decreto Di Maio” (Di Maio Decree) and specifically two articles on temporary agency employment contracts, entitled: "Causali solo per l'utilizzatore se la missione è a tempo" (Reasons for the user only if the assignment is for a fixed-term), "Soglia al 30% di lavoratori utilizzabili" (30% threshold of agency workers) published in supplement of the financial paper IlSole24Ore.

Unlawful Conduct Aggravated by Trade Union Position

September 28, 2018
Giuseppe Bulgarini d’Elci wrote the article “Comportamento illecito aggravato dal ruolo sindacale” (Unlawful conduct aggravated by trade union position), published in the Italian business newspaper Il Sole24Ore.  

Initial Notice to Trade Unions with no Indication of Company Roles

September 14, 2018
Giuseppe Bulgarini d’Elci wrote the article “Comunicazione iniziale senza ruoli aziendali” (Initial notice to trade unions with no indication of company roles), published in the Italian business newspaper Il Sole24Ore.  

Fixed-Term employment

September 13, 2018
Giuseppe Bulgarini d’Elci wrote the article entitled: “Tempo determinato, causale e mansione devono coincidere” (Fixed-term employment: business reasons and job duties must match), published in the Italian business newspaper Il Sole24Ore.  

Insults in a Private Chat, no Termination

September 11, 2018
Giuseppe Bulgarini d’Elci wrote the article “Offese in chat riservata, niente recesso” (Insults in a private chat, no termination) published in the Italian business newspaper Il Sole24Ore.

Remote Monitoring, Individual Consent Is not Enough

August 25, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: "Controlli a distanza, non basta l’intesa individuale” (Remote Monitoring, Individual Consent Is not Enough) published in the Italian business newspaper Il Sole24Ore.

Persons Acting as Middlemen in Employment, Judges May Consider Inspection Records

August 21, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: "Interposizione, verbale ispettivo valutabile dal giudice” (Persons acting as middlemen in employment, judges may consider inspection records) published in the Italian business newspaper Il Sole24Ore.

Higher Indemnification in Case of Unlawful Dismissal

August 11, 2018
Giuseppe Bulgarini d’Elci wrote two articles entitled: "Per il recesso illecito, indenizzi più elevati” (Higher indemnification in case of unlawful dismissal) and “Cresce la dote per la conciliazione” (Higher amounts to conciliate and prevent litigation) published in the Italian business newspaper Il Sole24Ore.

Demergers to bypass regulations on “collective” dismissals are unlawful

August 8, 2018
Giuseppe Bulgarini d’Elci wrote the article entitled: "Illecita la Scissione per evitare le norme sui “collettivi” (Demergers to bypass regulations on “collective” dismissals are unlawful) published in the Italian business newspaper Il Sole24Ore.

Families’ Global Economic Condition Is Relevant in Collective Dismissals

August 3, 2018
Giuseppe Bulgarini d’Elci wrote the article entitled: "Licenziamenti collettivi: Da valutare la condizione economica" (Families’ global economic condition is relevant in collective dismissals) two articles on labour in the GIG economy, published in the Italian business newspaper Il Sole24Ore.

Labour in the GIG economy

July 20, 2018
Giuseppe Bulgarini d’Elci wrote two articles on labour in the GIG economy, published in the Italian business newspaper Il Sole24Ore. The first one commented on the new provisions of the National Collective Bargaining Agreement applicable to the logistics industry, which introduced a specific section dedicated to riders of digital platforms, while the second one comments on and analyses the possible different legal and contractual options for digital platform workers.  

Physical Aggression Is always a Just Cause for Dismissal

July 18, 2018
Giuseppe Bulgarini d’Elci wrote the article “L’aggressione fisica è sempre giusta causa di licenziamento” (Physical aggression is always a just cause for dismissal) published in the Italian business newspaper Il Sole24Ore.  

Negative Outcome of the Trial Period and Dismissal of a Pregnant Employee

July 17, 2018
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Esito Negativo della Prova e Licenziamento di Lavoratrice in Gravidanza” (Negative outcome of the trial period and dismissal of a pregnant employee) published in Guida al Lavoro, No. 30, July 20, 2018, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Working while Sick Leave May Be Sanctioned only if this Delays Recovery

July 11, 2018
Giuseppe Bulgarini d’Elci wrote the article “Chi lavora in malattia è sanzionabile se ritarda la guarigione” (Working while sick leave may be sanctioned only if this delays recovery) published in the Italian business newspaper Il Sole24Ore.

Dismissal Based on Personal Elements Is always a Disciplinary Dismissal

July 6, 2018
Giuseppe Bulgarini d’Elci wrote the article “E’ sempre disciplinare il licenziamento basato su valutazioni soggettive” (Dismissal based on personal elements is always a disciplinary dismissal) published in the Italian business newspaper Il Sole24Ore.

Limited Indemnity on Fixed-Term Contracts

July 4, 2018
Giuseppe Bulgarini d’Elci wrote the article “Sul tempo determinato indennizzo circoscritto” (Limited indemnity on fixed-term contracts) published in the Italian business newspaper Il Sole24Ore.  

Duplicated Dismissal Complaint - The Employee’s Complaint Prevails

June 28, 2018
Giuseppe Bulgarini d’Elci wrote the article “Doppia impugnazione, per il ricorso vale quella del lavoratore” (Duplicated dismissal complaint - The employee’s complaint prevails) published in the Italian business newspaper Il Sole24Ore.

Employee Indemnified for the Unlawful Sanctions

June 24, 2018
Giuseppe Bulgarini d’Elci wrote the article “Dipendente risarcito per le sanzioni illegittime” (Employee indemnified for the unlawful sanctions) published in the Italian business newspaper Il Sole24Ore.  

Transfer with no “Misuse of Right”

June 19, 2018
Giuseppe Bulgarini d’Elci wrote the article “Trasferimento senza abuso di diritto” (Transfer with no “misuse of right”) published in the Italian business newspaper Il Sole24Ore.  

Investigators Allowed only for Illicit Actions

June 12, 2018
Giuseppe Bulgarini d’Elci wrote the article “Investigatore ammesso solo per atti illeciti” (Investigators allowed only for illicit actions) published in the Italian business newspaper Il Sole24Ore.

Recording Conversations at Work Is Lawful if it Protects Employees

June 2, 2018
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Registrazione sul luogo di lavoro, legittime se a tutela del dipendente” (Recording conversations at work is lawful if it protects employees) published in Guida al Lavoro, No. 22, May 25, 2018, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Employees’ PCs May Be Monitored to Protect Company Assets

May 29, 2018
Giuseppe Bulgarini d’Elci wrote the article: “PC dei dipendenti controllabili per tutelare i beni aziendali” (Employees’ PCs may be monitored to protect company assets), published in the Italian business newspaper Il Sole24Ore.

Work Conversations May Be Recorded for Defense Purposes

May 11, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Conversazioni di lavoro registrabili se ci si autotutela” (Work conversations may be recorded for defense purposes), published in the Italian business newspaper Il Sole24Ore.

Dismissal for Higher Profits

May 5, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Licenziamento per maggior profitto” (Dismissal for higher profits), published in the Italian business newspaper Il Sole24Ore.

Strikers that Fail to Give Notice May Be Ordered Back to Work

April 26, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Precettabile chi sciopera senza preavviso” (Strikers that fail to give notice may be ordered back to work), published in the Italian business newspaper Il Sole24Ore.

Inability Restricts Repechage

April 24, 2018
Giuseppe Bulgarini d’Elci wrote the article: “L’inabilità limita il pipescaggio” (Inability restricts repechage), published in the Italian business newspaper Il Sole24Ore.    

Unlawful Instructions Must Be Carried Out

April 20, 2018
Giuseppe Bulgarini d’Elci wrote the article: “L’ordine illegittimo va eseguito” (Unlawful instructions must be carried out), published in the Italian business newspaper Il Sole24Ore.  

Just Cause for Termination Never To Be Applied Automatically

April 17, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Giusta causa di recesso mai automatica” (Just cause for termination never to be applied automatically), published in the Italian business newspaper Il Sole24Ore.

Collective Dismissal Admitted in the Event of Bankruptcy

March 29, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Licenziamento collettivo anche in caso di fallimento” (Collective dismissal admitted in the event of bankruptcy), published in the Italian business newspaper Il Sole24Ore.

National Bargaining Agreements not Exhaustive on Cause

March 22, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Contratti non esaustivi sulla giusta causa” (National Bargaining Agreements not exhaustive on cause), published in the Italian business newspaper Il Sole24Ore.

The Growing role of Company-Level Agreements

March 7, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Cresce il peso del secondo livello” (The Growing role of Company-Level Agreements), published in the Italian business newspaper Il Sole24Ore.

Guida Lavoro

February 28, 2018
Giuseppe Bulgarini d’Elci wrote two articles for Guida Lavoro of IlSole24Ore on subordinate and self-employment regulations after the reforms introduced by the Fornero Law and the Jobs Act. The analysis focuses both on changes in legislation and financial opportunities. The two articles - “Licenziamento economico valido anche se l’impresa non è in crisi” (Economic dismissal valid even if the company is not distressed), “Per i licenziamenti disciplinari reintegra con fatto insussistente” (In the event of disciplinary dismissal, reinstatement in the event of negative determination of facts) – analyze dismissal for objective or disciplinary reasons, focusing on (significant) changes in legislation and inconsistent interpretations by courts.

Video-surveillance Must Be Justified

February 20, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Videosorveglianza da giustificare” (Video-surveillance must be justified), published in the Italian business newspaper Il Sole24Ore.

Written Notice to Reduce Working Hours

January 25, 2018
Giuseppe Bulgarini d’Elci wrote the article: “Atto scritto per ridurre il part-time” (Written notice to reduce working hours), published in the Italian business newspaper Il Sole24Ore.

No Termination if the Fight Is Outside Company Premises

January 17, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: “No al recesso per la rissa fuori azienda” (No termination if the fight is outside company premises) published in the Italian business newspaper Il Sole24Ore.

The New Frontiers of Digital Work

December 24, 2017
Giuseppe Bulgarini d’Elci wrote the article “ Le nuove frontiere del lavoro digitale” ( The new frontiers of digital work), published in the December 2017 issue of Direzione del Personale (HR Management), a quarterly review of AIDP (associazione italiana per la direzione del personale), the Italian Association for HR Management.

Allowance in Lieu of Annual Leave, New Guidelines of the EU Court on the Limit to the Carry-over of Leave

December 22, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Ferie non godute, nuove linee guida della Corte Ue sulla prescrizione” (Allowance in lieu of annual leave, new guidelines of the EU Court on the limit to the carry-over of leave) published in Guida al Lavoro, No. 50, September 22, 2017, a prestigious weekly guide on labor law and human resources issues edited by the daily paper il Sole24Ore. The article comments on the Judgement of the European Court of Justice dated November 29, 2017, in case C-214/16. The Judgment reviewed EC legislation on the right to paid leave and provides helpful guidelines with respect to Italian domestic law on the regulation of the time limit to carry over paid leave.

No New Rules on Duties in Collective Bargaining Agreements

December 15, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Nuove regole sulle mansioni assenti nei contratti collettivi” (No new rules on duties in collective bargaining agreements) published in the Italian business newspaper Il Sole24Ore.

Less Salary Items in Pilots’ Holiday Paychecks

December 7, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Per i piloti meno voci nello stipendio feriale” (Less salary items in pilots’ holiday paychecks) published in the Italian business newspaper Il Sole24Ore.

Negligence Needs to Be Proved to Claim Poor Performance

November 23, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Per lo scarso rendimento va provata la negligenza” (Negligence needs to be proved to claim poor performance) published in the Italian business newspaper Il Sole24Ore.

Employee Dismissal on Account of Abusive Comments in emails Is Lawful

November 17, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Legittimo il recesso per offese via mail” (Employee Dismissal on Account of Abusive Comments in emails Is Lawful) published in the Italian business newspaper Il Sole24Ore.

Termination Based on the Outcome of Criminal Proceedings Is Valid

October 31, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Si al recesso basato su un processo penale” (Termination based on the outcome of criminal proceedings is valid) published in the Italian business newspaper Il Sole24Ore.

Relocation Restricted by Law no. 104

October 25, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Trasferimento limitato dalla 104” (Relocation restricted by Law no. 104) published in the Italian business newspaper Il Sole24Ore.

Employee Steals Candy, Dismissal Is Lawful

October 13, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Ruba le caramelle, licenziamento legittimo” (Employee steals candy, dismissal is lawful) published in the Italian business newspaper Il Sole24Ore.

Company Documents Available for Consultation upon Request only

October 10, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Documentazione aziendale consultabile solo su richiesta” (Company documents available for consultation upon request only) published in the Italian business newspaper Il Sole24Ore.

Part-time Work: Paid Leave for Serious Disabilities Confirmed

September 30, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “In caso di partime permessi confermati per handicap grave” (Part-time work: paid leave for serious disabilities confirmed) published in the Italian business newspaper Il Sole24Ore.

Charges Filed against the Employer: Termination only in the Event of Slander

September 27, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Datore denunciato, recesso solo per calunnia” (Charges filed against the employer: termination only in the event of slander) published in the Italian business newspaper Il Sole24Ore.

Company Directors: Gratuitous Nature and Legal Qualification

September 22, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Amministratore di società, qualificazione giuridica e gratuità della prestazione” (Company directors: gratuitous nature and legal qualification) published in Guida al Lavoro, No. 36, September 15, 2017, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Working on Sick Leave Triggers Termination when it Interferes with Recovery

September 20, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Lavora malato? Recesso se pregiudica la guarigione” (Working on sick leave triggers termination when it interferes with recovery) published in the Italian business newspaper Il Sole24Ore.

Oral Agreements Are also Safeguarded

September 14, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Tutelato anche l’accordo verbale” (Oral agreements are also safeguarded) published in the Italian business newspaper Il Sole24Ore.

Agreements on Termination Allowance Must Be Detailed

September 12, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “L’accordo sul Tfr deve essere dettagliato” (Agreements on termination allowance must be detailed) published in the Italian business newspaper Il Sole24Ore.

"Disciplinary Dismissal” only the Proportionality Condition Is Met

August 24, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: ““Disciplinare” solo se c’è proporzionalità” ("Disciplinary dismissal” only the proportionality condition is met) published in the Italian business newspaper Il Sole24Ore.

Higher Job Tasks: Hours Don’t Count

August 15, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Mansioni superiori, non contano le ore” (Higher job tasks: hours don’t count) published in the Italian business newspaper Il Sole24Ore.

Accidents: the de facto supervisor to pay

August 4, 2017
Giuseppe Bulgarini d'Elci wrote the article "Accidents: the de facto supervisor to pay" published in the financial newspaper Il Sole24Ore.

Change in Job Tasks: Professional Experience Must Be Respected

July 25, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Cambio di mansioni, la storia professionale deve essere rispettata” (Change in job tasks: professional experience must be respected) published in the Italian business newspaper Il Sole24Ore.

Conditions of Subordinate Employment Proven by Ancillary Elements

July 21, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Subordinazione provata da elementi sussidiari” (Conditions of Subordinate Employment Proven by Ancillary Elements) published in the Italian business newspaper Il Sole24Ore.  

The Treatment of Employees with Open-Ended Contracts Applies to Apprentices in case of Dismissal

July 14, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “L’apprendista equivale al tempo indeterminato” (The Treatment of Employees with Open-Ended Contracts Applies to Apprentices in case of Dismissal) published in the Italian business newspaper Il Sole24Ore.

A Step Forward, but Still Too Much Uncertainty

July 7, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori wrote an article entitled: “Un passo avanti , ma ancora troppe incertezze” (A step forward, but still too much uncertainty), in the Il Sole 24 Ore monthly magazine “L’Impresa” July, no. 7-8/2017. Approval of the Jobs Act for the self-employed is an important achievement for the country, but it is somewhat disappointing for an array of addressees, including small businessmen, and it leaves to many grey areas.

Dismissal of Executives: Protections in the Workers’ Statute Apply

July 4, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Dirigenti, garanzie da Statuto” (Dismissal of executives: protections in the Workers’ Statute apply) published in the Italian business newspaper Il Sole24Ore.

Corporate Group Relevant only in Case of Fraud

June 9, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Gruppo di imprese se c’è frode” (Corporate group relevant only in case of fraud) published in the Italian business newspaper Il Sole24Ore.

Repechage Applicable to Lower Job Tasks

June 3, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Repêchage anche sulle mansioni inferiori” (Repechage applicable to lower job tasks) published in the Italian business newspaper Il Sole24Ore.

Part-Time Work: any Policy Prohibiting other Jobs Is Void

May 26, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Part-time, è nullo il regolamento che vieta altri lavori” (Part-time work: any policy prohibiting other jobs is void) published in the Italian business newspaper Il Sole24Ore.

Dismissal Letters on no Less than 7 Days’ Notice if the Company Shuts Down

May 11, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Comunicazione entro sette giorni se l’azienda chiude” (Dismissal Letters on no less than 7 Days’ Notice if the Company Shuts Down) published in the Italian business newspaper Il Sole24Ore.

Departure from Agreements only to the Benefit of Staff

May 10, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Deroga al contratto solo in favore del dipendente” (Departure from agreements only to the benefit of staff) published in the Italian business newspaper Il Sole24Ore.

Bankruptcy: Sale of the Company Makes Layoff Subsidies Inapplicable

April 28, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Fallimenti, la cessione esclude il bonus mobilità” (Bankruptcy: sale of the company makes layoff subsidies inapplicable) published in the Italian business newspaper Il Sole24Ore.

Employment Cannot Terminate before the end of the Works Site

April 27, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Fine lavori non «anticipabile»” (Employment cannot terminate before the end of the works site) published in the Italian business newspaper Il Sole24Ore.

Repechage, the Offer Is a Burden for the Employer only

April 20, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Repechage, l’offerta è onere solo del datore” (Repechage, the offer is a burden for the employer only) published in the Italian business newspaper Il Sole24Ore.

Sick-Leave, the Disabled May Be Dismissed as well

April 18, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Comporto, licenziabile anche l’invalido” (Sick-leave, the disabled may be dismissed as well) published in the Italian business newspaper Il Sole24Ore.

No Job Mobility to Less Skilled Tasks

April 12, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Niente mobilità verso il basso” (No job mobility to less skilled tasks), published in the Italian business newspaper Il Sole24Ore.

Statutes of Limitation on Civil Service Salaries Run from the Hire Date

April 5, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Sugli stipendi prescrizione dalla data dell’assunzione” (Statutes of limitation on civil service salaries run from the hire date), published in the Italian business newspaper Il Sole24Ore.

Effects of Termination of the Company Agreement Performance Bonuses and Employees’ Rights

April 3, 2017
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Disdetta del contratto aziendale sul premio di risultato e diritti dei lavoratori” (Effects of termination of the company agreement performance bonuses and employees’ rights) published in Guida al Lavoro, No. 14, March 31, 2017, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Double Time Limits Apply to Agency Work with a Fixed-Term Contract

March 31, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Somministrati a termine con doppia decadenza” (Double time limits apply to agency work with a fixed-term contract), published in the Italian business newspaper Il Sole24Ore.

Business Transferred upon Reassignment of a Contract

March 17, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Azienda trasferita con appalto retrocesso” (Business transferred upon reassignment of a contract), published in the Italian business newspaper Il Sole24Ore.

Repechage Applies to all Positions of the same Job Level

March 7, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Obbligo “repechage” su tutte le mansioni di pari inquadramento” (Repechage applies to all positions of the same job level), published in the Italian business newspaper Il Sole24Ore.

Social Security To Be Paid when Termination Is Declared Null Due to Anti-union Motive

March 3, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Quando il recesso è antisindacale contributi da versare” (Social security to be paid when termination is declared null due to anti-union motive), published in the Italian business newspaper Il Sole24Ore.

If Trial Period is Null, Employees Are Entitled to Reinstatement

February 28, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Patto di prova nullo per reintegra” (If trial period is null, employees are entitled to reinstatement), published in the Italian business newspaper Il Sole24Ore.

Criminal Charges Are not Just Cause for Dismissal

February 17, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “La denuncia non giustifica il licenziamento” (Criminal charges are not just cause for dismissal), published in the Italian business newspaper Il Sole24Ore .

Agreements are Remedies only for Procedures Started after Enactment of the Fornero Law

February 15, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: "Procedura sanabile con accordo solo dopo la Legge Fornero" (Agreements are remedies only for procedures started after enactment of the Fornero Law), published in the Italian business newspaper Il Sole24Ore.

No Dismissal after Maternity Leave if Relocation Was Decided Beforehand

February 7, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Niente licenziamento se il trasferimento è precostituito” (No dismissal after maternity leave if relocation was decided beforehand), published in the Italian business newspaper Il Sole24Ore.

Lawful Absence for Drug Addicts

January 31, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Assenza lecita per il tossicodipendente” (Lawful absence for drug addicts) published in the Italian business newspaper Il Sole24Ore.

A Spur to Acknowledge Results

January 12, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Una spinta al riconoscimento dei risultati” (A spur to acknowledge results) in the Il Sole 24 Ore monthly magazine “L’Impresa”, No. 1/2017.

Calculating the Maximum Sick Leave Period for Part-Time Work

January 11, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Il comporto tiene conto del part time” (Part-time work needs to be taken into account when calculating the maximum sick leave period), published in the Italian business newspaper Il Sole24Ore.

Objection after Checks

January 6, 2017
Giuseppe Bulgarini d’Elci wrote an article entitled: “Contestazione dopo le verifiche” (Objection after Checks), published in the Italian business newspaper Il Sole24Ore.

Dismissal for Undisclosed Precedent is Invalid

December 31, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Illegittimo il licenziamento per aver taciuto sul precedente” (Dismissal for undisclosed precedent is invalid), published in the Italian business newspaper Il Sole24Ore.

Termination for Competitiveness

December 9, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Recesso per competitività” (Termination for competitiveness), published in the Italian business newspaper Il Sole24Ore.

Journalists Hosted by TV Competitors Breach Exclusive Employment Covenants

November 17, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Il cronista ospite della tv concorrente viola l’esclusiva” (Journalists hosted by TV competitors breach exclusive employment covenants), published in the Italian business newspaper Il Sole24Ore.

In Case of Retaliation, Presumption Is also Evidence

November 11, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Per la ritorsione anche la presunzione fa prova” (In case of retaliation, presumption is also evidence), published in the Italian business newspaper Il Sole24Ore.

Additional Sick Leave in Case of Assault

November 1, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Comporto extra se c’è aggressione” (Additional sick leave in case of assault), published in the Italian business newspaper Il Sole24Ore.

Additional Sick Leave in Case of Assault

November 1, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Comporto extra se c’è aggressione” (Additional sick leave in case of assault), published in the Italian business newspaper Il Sole24Ore.

Workers’ Refusal to Work on Public Holidays not to Affect Salary

October 20, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Il rifiuto a lavorare in un giorno festivo non incide sulla paga” (Workers’ refusal to work on public holidays not to affect salary), published in the Italian business newspaper Il Sole24Ore.

Simulated Illness: Checks by Private Investigators Are Lawful

October 14, 2016
Giuseppe Bulgarini d’Elci and Roberta Cristaldi wrote the article “Simulazione di malattia, i controlli di un’agenzia investigativa privata sono leciti” (Simulated illness: checks by private investigators are lawful) published in Guida al Lavoro, No. 40, October 14, 2016, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Demoting May Be Presumed

October 14, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Demansionamento anche presunto” (Demoting may be presumed), published in the Italian business newspaper Il Sole24Ore.

Government Agencies: no Compensation as Alternative to Reinstatement

October 7, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Pa, niente risarcimento alternativo alla reintegra” (Government agencies: no compensation as alternative to reinstatement), published in the Italian business newspaper Il Sole24Ore.

Government Agencies: Regulations on Dismissal Apply in the Event of Incapacity for Work

October 5, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “”Pa”, inabilità con licenziamento” (Government agencies: regulations on dismissal apply in the event of incapacity for work), published in the Italian business newspaper Il Sole24Ore.

Executives: Individual Employment Agreements Protect Reinstatement

October 1, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Dirigente, il contratto salva la reintegra” (Executives: individual employment agreements protect reinstatement), published in the Italian business newspaper Il Sole24Ore.

After Dismissal, Job Tasks May Be Distributed among other Workers

September 29, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Si a mansioni ripartite post licenziamento” (After dismissal, job tasks may be distributed among other workers), published in the Italian business newspaper Il Sole24Ore.

Reinstatement with no Disciplinary Charges

September 21, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Reintegra senza rilievo disciplinare” (Reinstatement with no disciplinary charges), published in the Italian business newspaper Il Sole24Ore. The article commented on decision n. 18418/2016 of the Supreme Court.

Accurate Analysis of Circumstances in the Event of Dismissals on Disciplinary Grounds

September 20, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Verifica puntuale per il licenziamento disciplinare” (Accurate analysis of circumstances in the event of dismissals on disciplinary grounds), published in the Italian business newspaper Il Sole24Ore.

Trial-Period Clause Subject to Termination

September 13, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Patto di prova soggetto a recesso” (Trial-period clause subject to termination), published in the Italian business newspaper Il Sole24Ore.

He Clocks in and then Leave: Immediate Termination

September 7, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Timbra il cartellino e poi se ne va, recesso immediato” (He clocks in and then leave: immediate termination), published in the Italian business newspaper Il Sole24Ore.

(No Fractioned Holiday Leave on Days Remunerated under Redundancy Fund Schemes

September 6, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Nei giorni di Cigs no a ferie frazionate” (No Fractioned Holiday Leave on Days Remunerated under Redundancy Fund Schemes), published in the Italian business newspaper Il Sole24Ore.

No Termination Workers Work from Home

August 2, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Niente recesso se la sede di lavoro è in casa” (No termination workers work from home), published in the Italian business newspaper Il Sole24Ore.

Search of the Compatible Profit with Dismissal for Material Just Cause

July 29, 2016
Giuseppe Bulgarini d’Elci and Roberta Cristaldi wrote the article “Ricerca del profitto compatibile con licenziamento per giustificato motivo oggettivo” (Search of the compatible profit with dismissal for material just cause) published in Guida al Lavoro, No. 31, July 29, 2016, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Workers Must Check that Sickness Certificates Are Sent

July 27, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Il lavoratore deve verificare l’invio del certificato di malattia” (Workers must check that sickness certificates are sent), published in the Italian business newspaper Il Sole24Ore.

Reinstatement in the Job in a Different Location

July 16, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “La reintegrazione con cambio sede va motivata” (Reinstatement in the job in a different location must be reasoned), published in the Italian business newspaper Il Sole24Ore.

Maternity Leave Taken Is Counted for Career Improvements

July 13, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “La maternità vale per la carriera” (Maternity leave taken is counted for career improvements), published in the Italian business newspaper Il Sole24Ore.

Indemnification not to Exceed Plaintiff’s Claim

July 8, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “L’indennizzo resta nei limiti di quanto richiesto” (Indemnification not to exceed plaintiff’s claim), published in the Italian business newspaper Il Sole24Ore.

Mailing List email Messages Protected as Personal Correspondence

July 5, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Messaggi nella mailing list tutelati come corrispondenza privata” (Mailing list email messages protected as personal correspondence ), published in the Italian business newspaper Il Sole24Ore.

Women Protected when Resuming Work after Maternity Leave

July 1, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Rientro tutelato per la neomamma” (Women protected when resuming work after maternity leave), published in the Italian business newspaper Il Sole24Ore.

Requirement to Select from Dismissed Staff and Burden of Proof

June 20, 2016
Giuseppe Bulgarini d’Elci and Giulia Busin wrote the article “Obbligo di repechage e ripartizione dell’onere della prova” (Requirement to select from dismissed staff and burden of proof) published in Guida al Lavoro, No. 25, June 17, 2016, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Using Another Person’s Password Could Trigger Termination

June 16, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Rischio recesso se si usa la password altrui” (Using another person’s password could trigger termination), published in the Italian business newspaper Il Sole24Ore.

Higher Functions of School Workers Must Be Remunerated

May 27, 2016
Giuseppe Bulgarini d’Elci wrote an article entitled: “Vanno pagate le mansioni superiori del personal scuola” (Higher functions of school workers must be remunerated), published in the Italian business newspaper Il Sole24Ore.

No Delays in Disciplinary Actions after Inspections

May 20, 2016
Giuseppe Bulgarini d’Elci wrote the article “Azione disciplinare tempestiva dopo i controlli” (No Delays in Disciplinary Actions after Inspections) published in the Italian business newspaper Il Sole24Ore.

Inps and Chamber of Commerce Certificates in Appellate Proceedings

May 17, 2016
Giuseppe Bulgarini d’Elci wrote the article “Attestazioni Inps e visure fuori gioco in secondo grado” (Inps and Chamber of Commerce certificates cannot be submitted as new evidence in appellate proceedings) published in the Italian business newspaper Il Sole24Ore.

No Selection from Dismissed Staff if Position Requires Lower Qualifications

May 11, 2016
Giuseppe Bulgarini d’Elci wrote the article “Se la mansione è inferiore niente repechage” (No selection from dismissed staff if position requires lower qualifications) published in the Italian business newspaper Il Sole24Ore.

Oral Explanations Admitted when all Board Members are not Present

April 27, 2016
Giuseppe Bulgarini d’Elci wrote the article “Giustificazioni anche al collegio incompleto” (In civil service, oral explanations admitted when all board members are not present) published in the Italian business newspaper Il Sole24Ore.

Termination Possible after Submission of Justifications

April 26, 2016
Giuseppe Bulgarini d’Elci wrote the article “Recesso possibile dopo le giustificazioni” (Termination possible after submission of justifications) published in the Italian business newspaper Il Sole24Ore.

Income from Self-Employment Cannot Be Used to Reduce Indemnification

April 20, 2016
Giuseppe Bulgarini d’Elci wrote the article “Collaborazioni fuori dall’indennizzo” (Income from self-employment cannot be used to reduce indemnification) published in the Italian business newspaper il Sole24Ore.

Three Incentives to Corporate Welfare

April 17, 2016
Giuseppe Bulgarini d’Elci wrote the article “Triplo assist per il welfare aziendale” (Three incentives to corporate welfare) published in the Italian business newspaper il Sole24Ore.

Right to Access One’s Personal File

April 8, 2016
Giuseppe Bulgarini d’Elci wrote the article “Diritto di accesso al fascicolo personale” (Right to access one’s personal file) published in the Italian business newspaper il Sole24Ore.

Job Placement, Burden of Proof on the Employer

March 23, 2016
Giuseppe Bulgarini d’Elci wrote the article “Ricollocamento, prova al datore” (Job placement, burden of proof on the employer) published in the Italian business newspaper il Sole24Ore.

In the Cooperative Distribution Industry, Reinforced Sick-leave Protection Period

March 18, 2016
Giuseppe Bulgarini d’Elci wrote the article “Nella distribuzione coop il comporto è blindato” (In the cooperative distribution industry, reinforced sick-leave protection period) published in the Italian business newspaper il Sole24Ore.

The Understanding Between the Parties Is the Parameter to Determine Genuine Cooperation

March 18, 2016
Giuseppe Bulgarini d’Elci wrote the article “Accordo tra le parti come parametro di valutazione delle collaborazioni genuine” (The understanding between the parties is the parameter to determine genuine cooperation) published in Guida al Lavoro, No. 12, March 18, 2016, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Absence Upon Inspection, Does Not Justify Dismissal

March 14, 2016
Giuseppe Bulgarini d’Elci wrote the article “L’assenza al controllo, non giustifica il licenziamento” (Absence upon inspection, does not justify dismissal) published in the Italian business newspaper il Sole24Ore.

New Job Tasks, the Burden Proving Ability on the Employer

March 9, 2016
Giuseppe Bulgarini d’Elci wrote the article “Nuove mansioni, onere datoriale la prova d’idoneità” (New job tasks, the burden proving ability on the employer) published in the Italian business newspaper il Sole24Ore.

New Job Descriptions Need to Be Verified

February 24, 2016
Giuseppe Bulgarini d’Elci wrote the article “Nuove mansioni da verificare” (New job descriptions need to be verified) published in the Italian business newspaper il Sole24Ore.

Employees Granted Protection Against the Risk of Robbery

February 22, 2016
Giuseppe Bulgarini d’Elci wrote the article “Il dipendente va protetto contro il rischio rapina” (Employees granted protection against the risk of robbery) published in the Italian business newspaper il Sole24Ore.

The Effects of the Employment Reform on Employers and Workers

February 10, 2016
Giuseppe Bulgarini d’Elci and Marco Sartori wrote three articles on the effects of the employment reform on employers and workers in the Il Sole 24 Ore monthly magazine “L’Impresa”. The articles illustrated the new regulations applicable to job descriptions, to remote monitoring after the reform of the article in the Workers’ Statute, on dismissals and increasing protections.

The Effects of the Employment Reform on Employers and Workers

February 10, 2016
Giuseppe Bulgarini d’Elci and Marco Sartori wrote three articles on the effects of the employment reform on employers and workers in the Il Sole 24 Ore monthly magazine “L’Impresa”. The articles illustrated the new regulations applicable to job descriptions, to remote monitoring after the reform of the article in the Workers’ Statute, on dismissals and increasing protections.

The Duties of Loyalty Depend on the Workers’ Job Level

February 3, 2016
Giuseppe Bulgarini d’Elci wrote the article “Doveri di fedeltà legati alla qualifica del lavoratore” (The Duties of Loyalty Depend on the Workers’ Job Level) published in the Italian business newspaper il Sole24Ore.

A Female Executive with a Lower Salary than her Colleagues Granted Compensation

January 21, 2016
Giuseppe Bulgarini d’Elci wrote the article “Stipendio inferiore ai colleghi: risarcita la dirigente penalizzata” (A female executive with a lower salary than her colleagues granted compensation) published in the Italian business newspaper il Sole24Ore.

“Relative” Time Limits for Objections

January 13, 2016
Giuseppe Bulgarini d’Elci wrote the article “Per la contestazione termini “relativi”” (“Relative” time limits for objections) published in the Italian business newspaper il Sole24Ore.

The Protection of Art. 18 also Applies to Civil Servants

December 11, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi co-wrote the article “La tutela dell’art. 18 post Riforma Fornero si applica anche ai dipendenti pubblici” (The Protection of Art. 18 after the Fornero Reform also applies to civil servants) published in Guida al Lavoro, No. 48, December 11, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore. The article commented on decision n. 24157/2015 of the Supreme Court.

Strike is Unlawful if Times and Procedures Are Not Defined

December 9, 2015
Giuseppe Bulgarini d’Elci wrote the article “Sciopero illegittimo se non sono definiti i tempi e le modalità” (Strike is unlawful if times and procedures are not defined) published in the Italian business newspaper il Sole24Ore.

Workers Cannot Be Terminated Because Unfit to Perform New Job Duties

December 1, 2015
Giuseppe Bulgarini d’Elci wrote the article “Non licenziabile per le nuove mansioni” (Workers cannot be terminated because unfit to perform new job duties) published in the Italian business newspaper il Sole24Ore.

Subsidized Layoffs

November 19, 2015
Giuseppe Bulgarini d’Elci wrote the article “Mobilità, criteri di scelta intangibili” (Subsidized layoffs, no changes to the selection criteria) published in the Italian business newspaper il Sole24Ore.

Assignment to Higher Job Tasks: Current Regulations

November 16, 2015
Giuseppe Bulgarini d’Elci wrote the chapter “L’assegnazione a mansioni superiori: il quadro normativo attuale” (Assignment to higher job tasks: current regulations) of the prestigious AIDP (Associazione Italiana Direzione del Personale) November newsletter.

Converting Fixed-term Contracts and Compensation

November 6, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi co-wrote the article “Trasformazione del contratto a termine e indennità risarcitoria, jobs act irretroattivo” (Converting fixed-term contracts and compensation, the Jobs Act does not apply retrospectively) published in Guida al Lavoro, No. 43, November 6, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore. The article commented on decision n. 21266/2015 of the Supreme Court.

No Termination for Refusal of Part-time Request

October 28, 2015
Giuseppe Bulgarini d’Elci wrote the article “Niente recesso per il no al part time” (No termination for refusal of part-time request) published in the Italian business newspaper il Sole24Ore. The article comments on the Supreme Court decision no. 21875/2015.

Executives, Contract Clauses Requiring Official Appointment Are Void

October 23, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi co-wrote the article “Dirigenti, nulle le clausole contrattuali che prevedono una formale investitura” (Executives, contract clauses requiring official appointment are void) published in Guida al Lavoro, No. 41, October 23, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore. The article commented on decision n. 18165/2015 of the Supreme Court.

Priority in Part-time Contracts

October 15, 2015
Giuseppe Bulgarini d’Elci wrote the article “Precedenza ampia per i part-time” (Priority in part-time contracts) published in the Italian business newspaper il Sole24Ore. The article comments on provisions setting out the right to priority in permanent engagement in fixed-term and part-time employment contracts, and reviews the new regulations introduced by Leg. Dec. 81/2015.

Dismissal Admitted After Business Transfer

October 14, 2015
Giuseppe Bulgarini d’Elci wrote the article “Licenziabili dall’azienda cessionaria” (Dismissal admitted after business transfer) published in the Italian business newspaper il Sole24Ore. The article comments on the Supreme Court decision no. 20319/2015.

Jobs Act – The Complete Guide

October 8, 2015
Giuseppe Bulgarini d’Elci wrote two articles published in the Instant Book “Jobs Act – La guida completa” (Jobs Act – The Complete Guide) from the financial newspaper Il Sople24Ore. The articles are entitled “Lavoro supplementare anche nel silenzio del ccnl” (Additional hours when the collective bargaining agreement contains no provisions) and ” Negli appalti è vietato il lavoro accessorio” (So-called ancillary employment banned form contracts for the supply of goods and services).

Can They Influence Management? The Position of Executives

September 30, 2015
Giuseppe Bulgarini d’Elci wrote the article “Può influenzare la gestione? E’ un dirigente” (Can they influence management? The position of executives) published in the Italian business newspaper il Sole24Ore. The article commented on decision n. 18165/2015 of the High Court.

Holiday Work: Individual Agreement Required

September 15, 2015
Giuseppe Bulgarini d’Elci wrote the article “Lavoro nelle festività solo con accord individuale” (Holiday Work: Individual Agreement Required) published in the Italian business newspaper il Sole24Ore.

Demotion: Compensation May Be Determined at the Discretion of the Court

August 26, 2015
Giuseppe Bulgarini d’Elci wrote the article “Demansionamento, danno liquidabile su base equitativa” (Demotion: compensation may be determined at the discretion of the court) published in the Italian business newspaper il Sole24Ore.

Part-Time Work

August 11, 2015
Giuseppe Bulgarini d’Elci wrote the article “Part time – Modifiche di orario con accord certificato” (Part-time work – Changes to working hours subject to certified agreement) published in the Italian business newspaper il Sole24Ore.

Fixed-Term Employment

August 11, 2015
Giuseppe Bulgarini d’Elci wrote the article “Tempo determinato – Non occore giustificare la durata limitata” (Fixed-term employment – No need to specify the reason for the fixed term) published in the Italian business newspaper il Sole24Ore.

Fixed-Term Contracts

August 11, 2015
Giuseppe Bulgarini d’Elci wrote the article “I contratti a termine – Gli over 50 esclusi dal conteggio dei limiti quantitativi” (Fixed-term contracts – Workers over 50 years of age excluded from the calculation of quantitive restrictions) published in the Italian business newspaper il Sole24Ore.

Repeated Absences are Insufficient to Terminate Employment

August 7, 2015
Giuseppe Bulgarini d’Elci wrote the article “Le assenze reiterate non bastano per il recesso” (Repeated absences are insufficient to justify termination employment) published in the Italian business newspaper il Sole24Ore.

Written Evidence for Proof of Resignations

August 6, 2015
Giuseppe Bulgarini d’Elci wrote the article “Prova scritta per le dimissioni” (Written evidence for proof of resignations) published in the Italian business newspaper il Sole24Ore.

Protected Period, Employer’s Obligation to Notify and Dismissal

July 24, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi co-wrote the article “Periodo di comporto, obbligo del datore di comunicazione e licenziamento” (Protected period, employer’s obligation to notify and dismissal) published in Guida al Lavoro, No 30, July 24, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.
The article commented on decision n. 11314/2015 of the Court of Cassation and analyzes the position of the Court on i) the obligation for the employer to inform the employee that the protected period is about to expire, and ii) the need to identify in detail in the letter of dismissal each day of absence from work counted in determining that the maximum protection period, during which the job is retained in the event of leave on account of illness, was exceeded.

Dispute-Proof Dismissal

July 24, 2015
Giuseppe Bulgarini d’Elci wrote the article “Licenziamento a prova di condanna” (Dispute-proof dismissal) published in the Italian business newspaper il Sole24Ore. The article comments on decision no. 15085/2015 of the Supreme Court.

New Code of Employment Contracts and Changes to Employment Duties

July 21, 2015
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the book “Nuovo Codice dei contratti di lavoro e modifiche delle Mansioni” (New Code of Employment Contracts and Changes to Employment Duties) published by Giuffré Editore. This volume, part of the series “Officina del diritto – Il Civilista” (Law Workshop – the civil law lawyer) comments on changes in legislation introduced by Leg. Dec. no. 81/2015.

Poor Performance a Cause for Dismissal

July 13, 2015
Giuseppe Bulgarini d’Elci wrote the article “Lo scarso rendimento giustifica il licenziamento” (Poor performance a cause for dismissal) published in the Italian business newspaper il Sole24Ore. The article comments on decision no. 14310/2015 of the Supreme Court.

Different Penalties for Similar Events

July 9, 2015
Giuseppe Bulgarini d’Elci wrote the article “Sanzioni diverse per fatti simili” (Different penalties for similar events) published in the Italian business newspaper il Sole24Ore.

Labour Disputes, the Presence of Company Assets Affects the Determination of Competent Jurisdiction

July 2, 2015
Giuseppe Bulgarini d’Elci wrote the article “Controversie di lavoro, sulla scelta del foro competente pesa la presenza dei beni d’impresa” (Labour disputes, the presence of company assets affects the determination of competent jurisdiction) published in the electronic review Il Quotidiano del Lavoro, of the newspaper Il Sole24Ore.

Extension of Fixed Term Contracts without Identical Tasks

July 1, 2015
Giuseppe Bulgarini d’Elci wrote the article “Proroga del contratto a termine anche senza mansioni coincidenti” (Extension of fixed term contracts despite the absence of identical or equivalent duties) published in the Italian business newspaper il Sole24Ore.

Termination by Mutual Agreement Only with Clearance

June 12, 2015
Giuseppe Bulgarini d’Elci wrote the article “Risoluzione consensuale con convalida” (Termination by mutual Agreement only with clearance) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation No. 12128/2015 which ruled that termination of employment by mutual agreement when the worker is pregnant does not effectively end employment if it is not endorsed by ministerial inspectors.

Company’s Crisis Does not Restrict Secondment

June 11, 2015
Giuseppe Bulgarini d’Elci wrote the article “La crisi aziendale non limita il distacco” (Company’s crisis does not restrict secondment) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Appeals of Campobasso which ruled that, even if there has been a large and long-lasting reduction of output and employment, the interest of the employer to second one or more workers may lawfully be the need to refrain from losing the professional assets consisting in the skills and know-how developed by seconded workers.

Collective Redundancies

May 29, 2015
Giuseppe Bulgarini d’Elci and Marco Sartori co-wrote the article “Licenziamento collettivo, nozione di stabilimento e calcolo dei lavoratori” (Collective redundancies, Meaning of ‘establishment’ and Method of calculating the number of workers made redundant) published in Guida al Lavoro, No 22, May 29, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Bank Transfers do not Breach Privacy

May 21, 2015
Giuseppe Bulgarini d’Elci wrote the article “Il bonifico non viola la privacy” (Bank transfers do not breach privacy) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 10280/15 which ruled that giving descriptive details to invalidity payments does not breach privacy regulations even if it discloses the disease of the beneficiary.

Psychological Harassment, Employers Accountable for Negligence

May 20, 2015
Giuseppe Bulgarini d’Elci wrote the article “Mobbing, il datore risponde per colpa” (Psychological harassment, employers accountable for negligence) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 10037/15 which ruled that employers are liable in the event of negligent inaction with respect to psychological harassment committed by a worker in a position of authority over the victim.

Employee Goes Dancing while on Leave: Fired

May 6, 2015
Giuseppe Bulgarini d’Elci wrote the article “Va a ballare in permesso: licenziato” (Employee goes dancing while on leave: fired) published in the Italian business newspaper il Sole24Ore. The article analyses decision of the Court of Cassation n. 8784 dated 30 April 2015 which ruled that a just cause for dismissal is the conduct of a worker who, while given paid leave in order to assist his/her seriously disabled mother, had in fact gone dancing.

Repechage in the Event of Dismissals on Financial Grounds

May 5, 2015
Giuseppe Bulgarini d’Elci wrote the article “Licenziamenti economici con repechage” (Repechage in the event of dismissals on financial grounds) published in the Italian business newspaper il Sole24Ore.

Executive Dismissals

April 21, 2015
Giuseppe Bulgarini d’Elci and Marco Sartori, together with the labour team,  wrote “Il licenziamento del dirigente” (Executive Dismissals ), published by Giuffré.

Reduced Compensation if Workers do not Accept Re-engagement with the Company

April 10, 2015
Giuseppe Bulgarini d’Elci wrote the article “Indenizzo ridotto se non si accetta di “rientrare”” (Reduced compensation if workers do not accept offer to resume employment with their employer) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 3486/2015.

Parties may Determine Notice Lengh Departing from the National Collective Bargaining Agreement

April 10, 2015
Giuseppe Bulgarini d’Elci and Gianluca Francioli co-wrote the article “Le parti possono determinare la durata del preavviso in deroga del Ccnl” (The parties may determine the length of notice departing from the national collective bargaining agreement) published in Guida al Lavoro, No 15, April 10, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

When Inchoate Rights are not Transferred

April 8, 2015
Giuseppe Bulgarini d’Elci wrote the article “Non si trasferisce il diritto non maturato” (When inchoate rights are not transferred) published in the Italian business newspaper il Sole24Ore. In the event of a transfer of a line of business, if the transferee applies a different company agreement, it is not required to apply clauses of the transferor (Court of Cassation decision n. 6943 of 7 April 2015).

Dismissals on Financial Grounds: Executives no Repechage

April 3, 2015
Giuseppe Bulgarini d’Elci wrote the article “Licenziamenti economici: dirigenti fuori dal repechage” (Dismissals on financial grounds: executives no repechage) published in the Italian business newspaper il Sole24Ore.

Transfers with Job Losses

March 18, 2015
Giuseppe Bulgarini d’Elci wrote the article “Cessione con perdita di impiego” (Transfers with job losses) published in the Italian business newspaper il Sole24Ore.
Even if the company’s decision to dismiss staff is ruled of no effect, workers will not get their job back where the line of business was transferred in connection with a situation in which the protections in art. 2112 of the Italian Civil Code could be departed from. The effect of what the Court of Cassation ruled in its decision no. 5180/2015.

Double-Check before Dismissal if Worker is no Longer Fit for his Duties

March 11, 2015
Giuseppe Bulgarini d’Elci wrote the article “In caso di inidoneità, doppia verifica prima di licenziare” (Double-check before dismissal if termination is to be on the grounds that the worker is no longer fit to perform his employment duties) published in the Italian business newspaper il Sole24Ore.

Fornero Law Labour Dismissal Dispute Procedure no Longer Applicable

March 7, 2015
Giuseppe Bulgarini d’Elci wrote the article “Cancellazione per il Rito Fornero” (The labour dismissal dispute procedure introduced by the Fornero Law no longer applicable) published in the Italian business newspaper il Sole24Ore.

Retired Trainers are Subordinate Staff

March 6, 2015
Giuseppe Bulgarini d’Elci wrote the article “Subordinato il pensionato “tutor”” (Retired trainers are subordinate staff) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 4346 which ruled that services rendered by a group of retired workers who had entered into an independent contractor relationship with their former employer to support new hires (as trainers) falls within the scope of subordinate employment.

Worker on Occupational Accident Leave Working Elsewher: No Termination

March 5, 2015
Giuseppe Bulgarini d’Elci wrote the article “L’infortunato lavora altrove: no al recesso” (Worker on occupational accident leave working elsewhere: no termination) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 4237/2015 which ruled that the conduct of a worker who, during a period of leave resulting from an occupational accident, carries out work that basically coincides with the activities of his employment, is not a cause for termination. Such conduct is merely punishable with a lesser penalty that maintains the integrity of the employment relationship (e.g., disciplinary measures, fines, etc.).

Increasing Employment Contract Protection: the New Legal Framework

March 2, 2015
Giuseppe Bulgarini d’Elci wrote the article entitled “Contratto di lavoro a tutele crescent: il quadro della nuova disciplina” (Increasing employment contract protection: the new legal framework) published on the portal Lavoro Più edited by Giuffrè Editori, the leading website for Italy’s labour consultants.

Proof of Hostile Act Required

February 27, 2015
Giuseppe Bulgarini d’Elci wrote the article “l’atto “ostile” deve essere provato” (The Necessity of Proving An Hostile Act) published in the Italian business newspaper il Sole24Ore. The article comments on the decision of the Court of Cassation no. 3535/2015 on dismissals for just cause.

Compensation – The Price for Breaching Selection Methods

February 25, 2015
Giuseppe Bulgarini d’Elci wrote the article “I criteri di scelta violati “costano” un risarcimento” (Breaching Selection Methods  – The Price Payable) published in the Italian business newspaper il Sole24Ore. The article concerns new provisions on collective dismissals and is part of a special insert on labour market reform.

No Dismissal Where Office had been Recently and Specifically Set Up

February 20, 2015
Giuseppe Bulgarini d’Elci wrote the article “Niente licenziamento se l’ufficio soppresso viene creato ad hoc” (No dismissal where office had been recently and specifically set up) published in the Italian business newspaper il Sole24Ore.

Profit Sharing Partnerships and Subordinate Employment: Distinctive Principles

February 18, 2015
Giuseppe Bulgarini d’Elci wrote the article entitled “Associazione in partecipazione e lavoro subordinato: criteri distintivi” (Associazione in partecipazione or profit sharing partnerships and subordinate employment: distinctive principles) published on the portal Lavoro Più edited by Giuffrè Editori, the fundamental website for Italy’s labour consultants.

Stricter Duties if the Company is State-Owned

February 18, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi wrote the article “Doveri più stretti se l’azienda è pubblica” (Stricter duties if the company is state-owned) published in the Italian business newspaper il Sole24Ore. Giuseppe and Roberta analyzed decision no. 3136/15 of the Court of Cassation which affirms that in a scenario featuring the governmental nature of the function pursued by the enterprise, the personal conduct of an employee is measured against stricter criteria for the purposes of termination.

Leave for Serious Reasons only if Authorized

February 13, 2015
Giuseppe Bulgarini d’Elci wrote the article “I congedi per gravi motivi solo autorizzati” (Leave for serious reasons only if authorized) published in the Italian business newspaper il Sole24Ore.

Loyalty Obligation Outside Work

February 13, 2015
Giuseppe Bulgarini d’Elci wrote the article “Obbligo di fedeltà anche extra lavoro” (Loyalty Obligation Outside Work) published in the Italian business newspaper il Sole24Ore.

Insulting Line Managers Insufficient Ground for Dismissal

February 12, 2015
Giuseppe Bulgarini d’Elci wrote the article “L’insulto al superiore non vale il licenziamento” (Insulting line managers is not sufficient ground for dismissal) published in the Italian business newspaper il Sole24Ore.

Call Centers, Subsidiary Indicia more Important for Subordination

February 9, 2015
Giuseppe Bulgarini d’Elci and Roberta Cristaldi co-wrote the article “Call center, più peso agli indici sussidiari per la subordinazione” (Call centers, subsidiary indicia more important for subordination) published in Guida al Lavoro, No 6, February 6, 2015, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore. Giuseppe and Roberta analyzed decision no. 66/2015 of the Court of Cassation which affirms the principle that even if there is no direct evidence of the worker being subordinated to the employer’s management, control and disciplinary powers, subordinate employment may be inferred from subsidiary indicia which, taken together and in context, provide proof that the employer exercises these powers over the worker.

Fixed-term employment contracts with fixed Compensation

February 6, 2015
Giuseppe Bulgarini d’Elci wrote the article “Contratto a termine nullo con indennizzo forfettario” (Fixed-term employment contracts with flat rate compensation, if declared null, are not in breach of EC labour regulations) published in the Italian business newspaper il Sole24Ore.

Recalculation of the Salary of Former School Offices’ Managers

January 30, 2015
Giuseppe Bulgarini d’Elci wrote the article “A scuola va ricalcolato lo stipendio dei vecchi direttori di segreteria” (Recalculation of Former School Offices’ Managers Salaries) published in the Italian business newspaper il Sole24Ore.

If the Worker Becomes a Shareholder

January 12, 2015
Giuseppe Bulgarini d’Elci and Marco Sartori published two articles entitled “Se il lavoratore diventa azionista” (If the Worker Becomes a Shareholder) and “Contratto a termine, nuovo regime” (Fixed-term Contract, New Regulations) in L’Impresa, No 1, 2015, a monthly review on management edited by the daily paper il Sole24Ore.

Sports Activities Should Not Adversely Affect Work

January 10, 2015
Giuseppe Bulgarini d’Elci wrote the article “Lo sport non deve pregiudicare il lavoro” (Sports activities cannot adversely affect work) published in the Italian business newspaper Il Sole24Ore.

Bank Workers May Be Dismissed Despite the Absence of Financial Losses

January 9, 2015
Giuseppe Bulgarini d’Elci wrote the article “Per i bancari recessi anche senza danno” (Bank workers may be dismissed despite the absence of financial losses) published in the Italian business newspaper Il Sole24Ore.
According to the Court of Cassation’s decision no. 57/15, bank employees’ breaches of essential obligations of their employment, such as confidentiality and loyalty, require a strict assessment regardless of whether or not financial losses arise for the bank.

“Reasonableness” of Dismissals on Disciplinary Grounds

January 8, 2015
Giuseppe Bulgarini d’Elci wrote the article “Disciplinari con “misura”” (“Reasonableness” of dismissal on disciplinary grounds) published in the Italian business newspaper Il Sole24Ore. Giuseppe analyzed the decision of the Court of Cassation no. 15/2015 that declared a dismissal on disciplinary grounds void because it was a disproportionate measure.

Dismissals on Redundancy Grounds; Dismissals on Disciplinary Grounds

December 30, 2014
Giuseppe Bulgarini d’Elci wrote two articles “Licenziamenti economici” and “Licenziamenti disciplinari” (Dismissals on redundancy grounds; Dismissals on disciplinary grounds) published in the Italian business newspaper Il Sole24Ore.

Dismissed Employee Transferred to New Company

December 19, 2014
Giuseppe Bulgarini d’Elci wrote the article “Il licenziato passa alla nuova società” (Dismissed employee transferred to new company) published in the Italian business newspaper Il Sole24Ore. Giuseppe analyzed the decision no. 26401/2014 of the Court of Cassation which adheres to the principle that the transfer of a business causes employment to continue with the transferee. When a judgment annuls a dismissal, the reinstated employment contract between the original parties is assigned to the transferee.

Stricter Loyalty Obligation for Bank Employees

December 12, 2014
Giuseppe Bulgarini d’Elci wrote the article “In banca più forte il rapporto fiduciario” (Stricter loyalty obligation for bank employees) published in the Italian business newspaper Il Sole24Ore.

New Job Descriptions Admitted, Including Down Skilling

December 6, 2014
Giuseppe Bulgarini d’Elci wrote the article “Ammesse nuove mansioni anche di livello inferiore” (New job descriptions admitted, including down skilling) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the Jobs Act.

Jobs Act

December 4, 2014
Giuseppe Bulgarini d’Elci and Marco Sartori wrote two articles on the Jobs Act. They are entitled “Il Jobs Act e le tutele crescenti: reintegra e indennizzo alla luce dei criteri direttivi (The Jobs Act and enhanced protection: reinstatement in the original job and compensation in the light of guidelines)” and “Il Jobs Act è legge: i pilastri della riforma per incentivare il mercato del lavoro” (The Jobs Act is now law: the pillars of the reform to revitalize the job market). They were both published on the portal Lavoro Più edited by Giuffrè Editori, the leading website for Italy’s labour consultants. http://lavoropiu.info/rubriche/focus#item-9

Executives without the Protection of the National Bargaining Agreement

November 19, 2014
Giuseppe Bulgarini d’Elci wrote the article “Primo atto nullo, consentito licenziare due volte” published in the Italian business newspaper Il Sole24Ore.

Justice Reforms: Assisted Negotiations Do Not Apply to Labour Disputes

November 18, 2014
Giuseppe Bulgarini d’Elci wrote the article “Riforma della giustizia: la negoziazione assistita non si applica alle controversie in materia di lavoro” (The Justice Reform: assisted negotiations* do not apply to labour disputes), published in the electronic review Il Quotidiano del Lavoro, of the newspaper Il Sole24Ore.

*“assisted negotiations” meaning the parties agreement to cooperate to amicably settle a dispute with the assistance of lawyers.

Dismissals in the Fornero Reform, the Concept of “Disputed Fact” in Art. 18

November 17, 2014
Giuseppe Bulgarini d’Elci together with Marco Sartori wrote the article “I licenziamenti nella Riforma Fornero, la nozione di “fatto contestato” nell’art. 18” (Dismissals in the Fornero Reform, the concept of “disputed fact” in art. 18)  published in Guida al Lavoro, No 45, November 21, 2014, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Subsidized Layoff Contributions, Limited Exemptions

November 12, 2014

Giuseppe Bulgarini d’Elci wrote the article “Contributo di mobilità, esenzione a maglie strette” (Subsidized layoff contributions, limited exemptions) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the principle upheld by the Court of Cassation in decision number no. 23984/2014 according to which exemption from subsidized layoff contributions are exceptional in nature and applies only in insolvency proceedings.


Dismissal: Worker Reinstated in Original Position

November 7, 2014
Giuseppe Bulgarini d’Elci wrote the article “Licenziamenti, reintegra solo se il fatto non sussiste” (Dismissal: worker reinstated in original position only if charges not substantiated) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the principle upheld by the Court of Cassation no. 23669/2014 that the material (or historic) event forming the basis of disciplinary dismissal must be shown not to have existed.

Project-Based Self-Employment Contracts

November 6, 2014
Giuseppe Bulgarini d’Elci wrote the article “Sui co.co.pro pesa il progetto” (Project-based self-employment contracts: the significance of the project) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the principle upheld by the Court of Rome in its decision dated October 23, 2014 that the defining features of project-based self-employment contracts are the specific formulation of the project and the final result to be achieved.

Second Probationary Periods

November 4, 2014
Giuseppe Bulgarini d’Elci wrote the article “Ripetibile il periodo di prova” (Second probationary periods) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the principle upheld by the Court of Cassation in its decision no. 23381/2014 which established that a new probationary period may be included in a second employment agreement entered into between the same parties for the same job.

Reinstatement Imposes a Requirement of Resumption in the Original Office

October 30, 2014
Giuseppe Bulgarini d’Elci wrote the article “Il reintegro richiede il ritorno in reparto” (Reinstatement imposes a requirement of resumption in the original office) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the principle upheld by the Court of Cassation in its decision no. 23016/2014 that the right to reinstatement of an unlawfully dismissed worker is not satisfied if the original working arrangements are not fully resumed.

Alternatives to Courtrooms

October 28, 2014
Giuseppe Bulgarini d’Elci wrote the article “Le alternative alle aule del tribunale” (Alternatives to courtrooms) published in the Italian business newspaper Il Sole24Ore. Giuseppe analyzed the four arbitration solutions set out in Law 183/2010.

Arbitration Directed by Collective Bargaining Agreements

October 28, 2014
Giuseppe Bulgarini d’Elci wrote the article “Arbitrato condizionato al contratto” (Arbitration directed by collective bargaining agreements) published in the Italian business newspaper Il Sole24Ore.

Arbitration on Contractual Rights

October 24, 2014
Giuseppe Bulgarini d’Elci wrote the article “Arbitrato sui “diritti contrattuali” (Arbitration on contractual rights) published in the Italian business newspaper Il Sole24Ore. Giuseppe commented on the amendment to the draft conversion bill of Dl 132/2014 which extends referral to civil lawsuits pending in first and second instance courts for lawsuits on rights deriving from collective bargaining agreements.

Appropriate Time Frames for Dismissals

October 23, 2014
Giuseppe Bulgarini d’Elci wrote the article “Tempi adeguati per le contestazioni” (Appropriate time frames for dismissals) published in the Italian business newspaper Il Sole24Ore. The princple of timely dismissal for just cause has a relative meaning and labour and criminal courts explore different elements.

No Double Penalties

October 23, 2014
Giuseppe Bulgarini d’Elci wrote the article “La sanzione non va duplicata” (No double penalties) published in the Italian business newspaper Il Sole24Ore. The Court of Cassation extended the principle of “ne bis in idem” to labour disputes.

Income from Self-Employment and Eligibility for Subsidized Lay-Off Pay

October 22, 2014
Giuseppe Bulgarini d’Elci together with Marco Sartori wrote the article “Reddito di lavoro autonomo e diritto all’indennità di mobilità” (Income from Self-Employment and Eligibility for Subsidized Lay-Off Pay) published in Guida al Lavoro, No 41, October 24, 2014, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Cancellation of Part-Time Work Arrangements

October 21, 2014
Giuseppe Bulgarini d’Elci wrote the article “Revoca unilaterale del part-time, le esigenze del lavoratoremesse in secondo piano” (Cancellation of Part-Time Work Arrangements, Secondary Importance of the Worker’s Needs), published in the electronic review Il Quotidiano del Lavoro, of the newspaper Il Sole24Ore.

Dismissal: The “de facto” Continuation of Employment

October 20, 2014
Giuseppe Bulgarini d’Elci wrote the article “Licenziamento: prosecuzione del rapporto in via di fatto e riflessi sul risarcimento” (Dismissal: the “de facto” continuation of employment and its impact on compensation) published in Guida al Lavoro, No 40, October 17, 2014, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Temporary Agency Work

October 6, 2014
Giuseppe Bulgarini d’Elci wrote the article “Somministrazione di lavoro a termine: risarcimento del danno omnicomprensivo” (Temporary agency work: comprehensive compensation) published in Guida al Lavoro, No 39, October 10, 2014, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.

Psychological Harassment Claims

September 26, 2014
Giuseppe Bulgarini d’Elci wrote the article “Mobbing solo quando c’è causa-effetto” (Psychological harassment claims require proof of cause and effect) published in the Italian business newspaper Il Sole24Ore.
Giuseppe analysed the decision of the Court of Cassation no. 20230 filed on 25 September 2014 which identified the distinctive features of claims for psychological harassment at work.

Social Security Penalties

September 23, 2014
Giuseppe Bulgarini d’Elci wrote the article on decision n. 19665, dated 18 September 2014, delivered by the Supreme Court which ruled out social security penalties when workers are reinstated in their original job because dismissal was for an inadmissible reason, published in the electronic review Il Quotidiano del Lavoro, of the newspaper Il Sole24Ore.

Compensation Payable to the Disabled

September 18, 2014
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article on compensation payable to the disabled placed in employment if they are not hired, published in the insert “Focus” of the Italian business newspaper Il Sole24Ore.

No Obligation to State Business Reasons in Temporary Agency Work Contracts

September 17, 2014
Giuseppe Bulgarini d’Elci wrote the article concerning the lack of any obligation to state business reasons in temporary agency work contracts with a term of up to 36 months published in the Italian business newspaper Il Sole24Ore.

“Shielded” Temporary Agency Work

September 9, 2014
Giuseppe Bulgarini d’Elci wrote the article entitled “Somministrazione “blindata” (“Shielded” Temporary Agency Work) published in the Italian business newspaper Il Sole24Ore. Giuseppe analysed the decision of the Court of Cassation no. 18861 filed on 8 September 2014 which ruled that the penalty system applicable in the event of conversion of temporary work contracts into permanent employment contracts also applies to temporary agency work contracts. Employers are liable to pay compensation to the worker in an amount ranging from a multiplier of 2.5 to 12 times the monthly salary.

Poor Timekeeping – Expensive Consequences

September 8, 2014
Giuseppe Bulgarini d’Elci wrote the article entitled “Il ritardo? Può costare caro” (Poor Timekeeping – Expensive Consequences) published in the insert CorriereEconomia of the Italian daily newspaper Corriere della Sera. Giuseppe analysed the decision of the Court of Cassation no. 18462 dated 29 August 2014 which ruled that a penalty consisting of a 10-day suspension may be applied to workers who report late for work (in the case reviewed by the court 30 minutes late) in addition to salary reductions.

Challenging Collective Unfair Dismissal

August 4, 2014
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Impugnazione licenziamento collettivo: efficacia sanante dell’accordo sindacale” (Challenging Collective Unfair Dismissal: Binding Trade Union Agreement which Settles all Issues) published in Guida al Lavoro 2014, 32, p. 37, a prestigious weekly guide on labour law and human resourses issues edit by the daily paper il Sole24Ore.

Representation, the Judicial Safeguard of Rights

July 20, 2014
Giuseppe Bulgarini d’Elci wrote the article “Rappresentanza, garantismo dei giudici” (Representation, the judicial safeguard of rights) published in the Italian business newspaper Il Sole24Ore. Giuseppe analyzed the decision of the Court of Cassation dated 7 July 2014 n. 15437 which established that the amalgamated unions (RSU), as collective bodies have the right to call meetings. Specifically, the issue was to determine material elements that are useful in measuring the actual representative capacity of trade unions. The Constitutional Court concluded that the most appropriate element to measure trade unions’ actual representative capacity in the new framework of labour relations is participation in negotiations on matters that are the subject of collective bargaining.

Fornero Labour Litigation Procedure, Decision On Hold

July 17, 2014
Giuseppe Bulgarini d’Elci wrote the article “Rito Fornero, giudizio in stand by” (Fornero Labour Litigation Procedure, Decision On Hold) published in the Italian business newspaper Il Sole24Ore. He analyzed an issue that has been hotly debated in labour courts as to whether at the objection phase in actions filed against dismissal, to which the protection of art. 18 of the workers’ statutes applies, the same judge should hear the proceedings when he has already dealt with the summary phase.

Fewer Restrictions to Calling Meetings

July 10, 2014
Giuseppe Bulgarini d’Elci wrote the article “Meno Vincoli alla convocazione di assemblea” (Fewer Restrictions to Calling Meetings) published in the Italian business newspaper Il Sole24Ore.
Giuseppe analyzed the decision of the Court of Cassation dated 7 July 2014 n. 15437 which established that the amalgamated unions (RSU), as collective bodies, or individual members of amalgamated unions have the right to call meetings.

Dismissals: Time Limits for Claims

July 8, 2014
Giuseppe Bulgarini d’Elci wrote the article “Sui Licenziamenti vistato il calendario delle impugnazioni” (Dismissals: Time Limits for Claims) published in the Italian business newspaper Il Sole24Ore. Giuseppe analyzed the decision of the Court of Cassation dated 7 July 2014 which established that deferral to 31 December 2011 of the enactment of provisions on the time limit to file a claim against dismissal applies not only to the 60-day time limit for out-of-court procedures, but also to the 270-day time limit (now reduced to 180 days) to file a lawsuit or to apply for an attempt at conciliation and arbitration.

The 770 Tax Return does not Protect from Penalties

February 26, 2014
Giuseppe Bulgarini d’Elci wrote the article “il 770 non evita la maxi sanzione” (The 770 tax return does not protect from penalties) published in the Italian business newspaper Il Sole24Ore. Summary of the article: the Court of Appeal of Brescia, reversing an earlier judgment of the Tribunal of Crema, labour section, stated that if professional activity formally classified as occasional self-employment has to be re-classified as an employment relationship, then the tax return (form 770) and the payment of the related withholding tax by the company are not sufficient to avoid the penalties for unlawful working practices. The article examines the Court’s decision and explains the reasoning that led the Court to reject the claims of the company.

Disabled Workers, Non-Consensual Workplace Relocation

November 6, 2013
Giuseppe Bulgarini d’Elci wrote the article “Disabili, nuovo ufficio senza consenso” (Disabled workers may be moved to a different workplace without their consent) published in the Italian business newspaper Il Sole24Ore. Changing the workplace generally requires the worker’s consent, but a ompany may proceed without this in case of environmental incompatibility.

Fixed Term Employment

October 16, 2013
Giuseppe Bulgarini d’Elci wrote two articles on changes in fixed term employment contracts and fixed term manpower supply contracts introduced by the Labour Reform DL 76/2013, published in the financial daily newspaper Il Sole 24 Ore.

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