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.
Francesco Francica wrote an article entitled: "Processo Amministrative Telematico" (Electronic court filings in administrative trials). https://www.4clegal.com/settore-pubblico/processo-amministrativo-telematico
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.
Columbia Law School Research Center in Sustainable Investment published today the Columbia FDI Perspective no. 219, jointly authored by Prof. Julien Chiasse (Chinese University of Hong Kong) and Prof. Vaccaro-Incisa on The EU investment court: challenges on the path ahead.
Perspective topic: “The bilateral investment court system the EU buttressed since 2015 risks losing momentum in the face of complex internal and external challenges. This Perspective weighs these challenges against the recent UNCITRAL decision to address ISDS reform, providing for a better framework to seek for shared global solutions to long-expressed concerns.”
This prestigious short publication is known for the difficulty of outlining a policy problem and a possible solution in the limited space of 800 words, using a language possibly accessible to the wider public.
The text of the Perspective is publicly available here.
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.
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.
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.
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.
The last issue of the Santa Clara Journal of International Law (Issue 2, Volume 15) features an article authored by Prof. Vaccaro-Incisa on “Crimea’s Secession from Ukraine and Accession to the Russian Federation as an Instance of North(- West) v. South(-East) Divide in the Understanding of International Law“.
The article can be freely accessed and downloaded here.
The article attempts to offer an interpretation of the existing international law aimed at reconciling seemingly known facts with the non-concurrence of about half of the members of the United Nations to the adoption of the General Assembly Resolution on the “Territorial integrity of Ukraine” (GA Res. 68/262, adopted on Mar. 27th, 2014).
A preliminary draft of the article was presented at the opening session of the 2015 ESIL annual research forum (14-15 May 2015, European University Institute, Florence) and an advanced draft presented at the roundtable on Humanitarism and the Transformation of International Law (4-5 Aug. 2016, Melbourne Law School).
Matteo Vaccaro-Incisa wishes to express his gratitude to Prof. Makane M. Mbengue (Geneva), Prof. Marko Milanovic (Nottingham) and Prof. Ana S. Trbovic (Belgrade) for their helpful comments and critics. He wishes to thank also Mr. Piero Gregori and Ms. Nancy Hiag, for their editing assistance.
The "Talk" page of the European Journal of International Law (EJIL), directed by Prof. Marko Milanovic (Nottingham University), published a post of Matteo Vaccaro-Incisa briefly commenting certain aspects of the recent jurisdictional decisions in the investment arbitration proceedings pitting Ukrainian investors against Russia for their investments made in Crimea prior to the ‘change of effective sovereign’ the peninsula went through in February-March 2014.
The short analysis follows on April 2017 publication of Matteo Vaccaro-Incisa on the public international law issue of Crimea’s change of sovereign, and January 2018 speaking engagement at ICC YAF Frankfurt on the review of year 2017 of developments in investment law and arbitration.
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.
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.
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.
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.
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.
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.
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.
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.
Giuseppe Bulgarini d’Elci wrote the article: “Licenziamento per maggior profitto” (Dismissal for higher profits), published in the Italian business newspaper Il Sole24Ore.
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.
Giuseppe Bulgarini d’Elci wrote the article: “L’inabilità limita il pipescaggio” (Inability restricts repechage), published in the Italian business newspaper Il Sole24Ore.
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.
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.
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.
Matteo Bazzani wrote the Italian chapetr of The Legal 500 & The In-House Lawyer Comparative Legal Guide Italy: Restructuring & Insolvency, 2017, available at:
http://www.inhouselawyer.co.uk/practice-areas/restructuring-insolvency/italy-restructuring-insolvency/?pdf=6700
Matteo Bazzani wrote a Comment on arts. 148-bis, 151 and 154 of the Finance Act in Le società per azioni, codice civile e norme complementari, Vol II, edited by Pietro Abbadessa and Giuseppe B. Portale, Giuffrè, Milano, 2016.
Matteo Bazzani wrote a Comment on art. 2403-bis of the Italian Civil Code in Le società per azioni, codice civile e norme complementari, Vol I, edited by Pietro Abbadessa and Giuseppe B. Portale, Giuffrè, Milano, 2016
Matteo Bazzani wrote the article "Profili di responsabilità amministrativa dei consiglieri di amministrazione non esecutivi di banche: doveri di vigilanza e di intervento e prova dell'immunità da colpa da parte dei singoli consiglieri "(Administrative liability of members non-executive members of boards of directors of banks: duties of supervision and action and proof of immunity from fault by each director), in Rivista di diritto societario, 2008 fasc. 2, pt. 2, pp. 327 ss..
Matteo Bazzanico-authored the book "Italy and EU Considerations on Financing Company Group Restructurings", in Financing Company Group Restructurings, edited by Baer-O’Flynn, Oxford University Press, 2015.
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.
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.
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.
Giuseppe Bulgarini d’Elci wrote the article: “Videosorveglianza da giustificare” (Video-surveillance must be justified), published in the Italian business newspaper Il Sole24Ore.
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.
Margherita Barié wrote the Italian chapter of the Terralex Cross-Border Copyright Guide 2018, an effort undertaken by member firms in 21 jurisdictions around the world.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Mile Perris wrote an article entitled: “Fuga da Londra” (Escape from London) regarding Brexit, published in the Italian weekly news magazine “Panorama”.
Mile Perris together with Marco Piazza wrote the article entitled: “Plusvalenze a otto combinazioni”(Eight ways to determine the taxation of capital gains), published in the Italian business newspaper “Il Sole 24 Ore”.
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.
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.
Cecilia Cagnoni Luoni wrote the article entitled: La concessione di vendita: recesso “ad nutum” del concedente e tutela del concessionario (Distribution Agreement: Termination Ad Nutum by the Supplier and Protection of the Distributor) in I Contratti, n. 2/2017, pp. 185-199.
Cecilia Cagnoni Luoni wrote the note to judgement of the Court of Cassation sect. I, July 8, 2004, n. 12567, Collegamento negoziale e mancata applicazione del principio di buona fede (Contractual Link and Non-Application of Bona Fide Principle), in I Contratti, n. 1/2005, pp. 28-33.
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.
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.
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.
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.
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.
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.
Francesco Paolo Francica wrote an article entitled " Il momento rilevante per l'individuazione dell'interesse che legittima la proposizione dell'azione di opposizione di terzo " (The relevant point in time to determine sufficient interest to file third party proceedings) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
http://www.diritto24.ilsole24ore.com/art/dirittoAmministrativo/2017-03-29/il-momento-rilevante-l-individuazione-interesse-che-legittima-proposizione-azione-opposizione-terzo-120001.php
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.
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.
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.
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.
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 .
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.
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.
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.
"Cyberattacks are on an alarming rise. What tools do companies have to prevent them?".
Stefano Mele spoke on this subject in a round table organized by "World Excellence" in November 2016 .
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.
Marco Sartori wrote an article entitled: “Bilancio sul contratto di lavoro a tutele crescenti” (Pro’s and con’s of employment agreements with increasing protections) in the Il Sole 24 Ore monthly magazine “L’Impresa” No.1/2017.
Francesco Paolo Francica wrote an article entitled "Limiti alla proroga del termine per la verifica di compatibilità degli impianti di distribuzione carburanti: corretta applicazione del D.L. n. 98/2011" (Time limits to establish compatibility of fuel stations: proper application of LD N.98/2011) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
http://www.diritto24.ilsole24ore.com/art/dirittoAmministrativo/2017-01-11/limiti-proroga-termine-la-verifica-compatibilita-impianti-distribuzione-carburanti-corretta-applicazione-dl-n-982011-151323.php.
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.
Francesco Paolo Francica wrote an article entitled “Sanzioni ed escussione del garante nei casi di garanzia fideiussoria” (Penalties and enforcement of the guarantor in the event of guarantees) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore. http://www.diritto24.ilsole24ore.com/art/dirittoAmministrativo/2017-01-05/sanzioni-ed-escussione-garante-casi-garanzia-fideiussoria-120814.php.
Giuseppe Bulgarini d’Elci wrote an article entitled: “Contestazione dopo le verifiche” (Objection after Checks), published in the Italian business newspaper Il Sole24Ore.
Francesco Paolo Francica wrote an article entitled “Applicabilità del soccorso istruttorio e annullamento del contratto di appalto sottoscritto a seguito dell'illegittima aggiudicazione della gara per carenza dei requisiti previsti dalla lex specialis” (Application of assistance in establishing the file and cancellation of the contracts executed further to the unlawful award of the tender for lack of requisites set out in lex specialis) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore. http://www.diritto24.ilsole24ore.com/art/dirittoAmministrativo/2017-01-04/applicabilita-soccorso-istruttorio-e-annullamento-contratto-appalto-sottoscritto-seguito-illegittima-aggiudicazione-gara-carenza-requisiti-previsti-lex-specialis-114949.php.
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.
Giuseppe Bulgarini d’Elci wrote an article entitled: “Recesso per competitività” (Termination for competitiveness), published in the Italian business newspaper Il Sole24Ore.
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.
Francesco Paolo Francica wrote an article entitled “Il divieto di alterazione del criterio di calcolo dei punteggi in corso di gara” (No alteration to the criterion to calculate scores in tender procedures) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore. With decision no. 1211 dated 5 October 2016, the first chamber of the Regional administrative court of Turin ruled on the long-standing issue of the margins within which the awarding authority is entitled to amend part of the special clauses of the tender competition while the tender procedure is itself in progress.
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.
Valeria De Vellis wrote some chapters of the book “Il nuovo diritto di famiglia” (The New Family Law) edited in 2015 by Giuffré Editore. Her first chapter in the first part of the book “Filiazione e adozione” (Filiation and adoption) wrote of “parental responsibility toward children and third parties”. Her second chapter in the third part of the book on the dissolution of marriage and separation of the parties to a marriage, wrote on petitions in separations by mutual consent and personal appearance of parties to a marriage.
Valentina Zanelli wrote an article entitled “La disciplina giuridica in tema di attività di direzione e coordinamento di società” (Legal Framework on Company Management and Coordination Activities), published in Lex24, the online legal directory of the financial daily newspaper Il Sole 24 Ore.
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.
Benedetta Amisano, Renata Ricotti and Filippo Galimberti co-wrote the Chapter on Italian real estate regulation in Real Estate 2011, published by Getting the Deal Through.
Carlo Emanuele Rossi edited Lex24’s publication “Dossier d’autore” on transfers of business. It contains an introduction by Carlo Emanuele Rossi, court decisions (including decisions by the Supreme Court), useful comments by experts.
Paolo Baruffi, Mario Ippolito and Andrea Rittatore Vonwiller were contributing authors of the book “Il modello di organizzazione, gestione e controllo di cui al D.Lgs. 231/2001”, published by Giuffré Editore.
Based on the Company Law Reform, Luisa Melara co-authored “formulario commentato delle società di capitali” (Guidelines for limited companies) published by Editore s.p.a.
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.
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.
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.
Giuseppe Bulgarini d’Elci wrote an article entitled: “Demansionamento anche presunto” (Demoting may be presumed), published in the Italian business newspaper Il Sole24Ore.
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.
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.
Francesco Paolo Francica wrote an article entitled “Il giudicato restitutorio come limite all’acquisizione sanante ex articolo 42 bis” (The court decision establishing that the owner re-enters into possession limits any remedying acquisition under art. 42-bis) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Francesco Paolo Francica wrote an article entitled “La Giurisdizione Amministrativa in tema di d.u.r.c, con specifico riguardo alla regolarizzazione postum” (Administrative jurisdiction on the Italian Certification of Labor Compliance (DURC), with specific reference to regularization after the award) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Valeria De Vellis wrote some chapters of the book “Il nuovo diritto di famiglia” (The New Family Law) edited in 2015 by Giuffré Editore. Her first chapter in the first part of the book “Filiazione e adozione” (Filiation and adoption) wrote of “parental responsibility toward children and third parties”. Her second chapter in the third part of the book on the dissolution of marriage and separation of the parties to a marriage, wrote on petitions in separations by mutual consent and personal appearance of parties to a marriage.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Francesco Paolo Francica wrote an article entitled “Limiti per l’installazione di una stazione radio base: illegittimità dell’autorizzazione rilasciata dal Comune” (Limitations on the installation of a base transceiver station: the authorization released by the municipality is unlawful) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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.
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.
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.
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.
Valeria De Vellis wrote the article “Breve decalogo del divorzio breve” (Ten rules to fast divorce), published in the monthly magazine Capital published by Class Editori.
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.
Francesco Paolo Francica wrote an article entitled “Limiti e presupposti per l’individuazione delle zone di aperture delle farmacie” (Restrictions and conditions to identify areas where pharmacies may be opened) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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.
Francesco Paolo Francica wrote an article entitled “L’illegittimità dell’acquisizione gratuita al patrimonio comunale disposta nei confronti del proprietario incolpevole” (The acquisition against no consideration for inclusion in the municipality’s assets against a not guilty owner is unlawful) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
Giuseppe Bulgarini d’Elci and Marco Sartori, together with the labour team, wrote “Il licenziamento del dirigente” (Executive Dismissals ), published by Giuffré.
Francesco Paolo Francica wrote an article entitled “Concorso illegittimo: inammissibile il risarcimento invece dell’annullamento” (Unlawful selection examination: compensation cannot replace cancellation) published on “Il Quotidiano Enti Locale & PA” edited by the Italian business Newspaper il Sole24Ore.
Francesco Paolo Francica wrote an article entitled “Termine di proposizione dell’azione risarcitoria innanzi al G.A.: inapplicabilità del termine di 120 giorni ai giudizi pendenti prima dell’entrata in vigore del D.Lgs. 104/2010” (Time limit to file compensation claim with administrative courts: non-application of the 120-day time limit in the event of cases pending before the enactment of Leg. Dec. 104/2010) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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).
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.
Francesco Paolo Francica wrote an article entitled “Occupazione abusiva di suolo pubblico: il Sindaco può chiudere l’attività commerciale” (Unlawful occupancy of public areas: mayors entitled to shut down business) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
Luca Arnaboldi and Gilberto Comi co-wrote the Chapter on Italian private client regulation in Private Client Tax 2015, published by the European Lawyer.
Francesco Paolo Francica wrote an article entitled “L’assegnazione dei blocchi frequenziali nella telefonia: tutela dei principi di libera concorrenza e di non discriminazione” (Awarding frequency blocks in telephony: protecting the principles of free competition and non discrimination) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
Francesco Paolo Francica wrote an article entitled “Il diritto di accesso alle informazioni ambientali: ampliamento del novero dei soggetti legittimati nella giurisprudenza amministrativa” (Right to access environmental information: administrative courts expanded the set of entitled parties) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
Francesco Paolo Francica wrote an article entitled “Obbligo di indicare nell’offerta economica gli oneri di sicurezza anche in assenza di specifica previsione della lex specialis” (Obligation to state safety charges even if there is no specific provision of a lex specialis) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
Francesco Paolo Francica wrote an article entitled “Chi inquina paga”: commento alla recente sentenza della Corte di Giustizia Europea” (“Polluter pays “: comment on the recent decision of the European Court of Justice) published on the portal Diritto24 edited by the Italian business Newspaper il Sole24Ore.
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.
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.
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.
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.).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Valeria De Vellis wrote the article “Patti Chiari, divorzio facile” (Clear agreements make for easy divorce), published in the monthly magazine Capital published by Class Editori.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Giuseppe Bulgarini d’Elci wrote the article “Primo atto nullo, consentito licenziare due volte” published in the Italian business newspaper Il Sole24Ore.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Marco Sartori wrote the article “Il Trasferimento di ramo d’azienda nella recente giurisprudenza” (Recent Court Decisions on Transfers of Lines of Business) published in Guida al Lavoro 2014, 30, p. 23, a prestigious weekly guide on labour law and human resources issues edit by the daily paper il Sole24Ore in which he commented on the decision of the Court of Cassation n. 11832, dated 27 May 2014. The Court of Cassation held that an assembly of heterogeneous activities in terms of functions and skills – which are not integrated among them, nor have a consolidated coordination and as such lack independence in terms of organization, functions and business – does not trigger the transfer of a line of business under current labour law. “Consequently, in the event of such a disposal, the workforce has the right to continue in their employment with the transferor”.
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.
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.
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.
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.
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.
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.
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.
Luca Arnaboldi and Gilberto Comi co-wrote the Chapter on Italian private client regulation in Private Client Tax 2012, published by the European Lawyer.
Valentina Zanelli wrote an article entitled “La disciplina giuridica in tema di attività di direzione e coordinamento di società” (Legal Framework on Company Management and Coordination Activities), published in Lex24, the online legal directory of the financial daily newspaper Il Sole 24 Ore.
Valentina Zanelli wrote an article entitled “Clausola statutaria di decadenza – simul stabunt simul cadent – e risarcimento dei danni” (Simul Stabunt Simul Cadent By-laws Clause and Compensation for Damage) published in Diritto24, the online legal directory of the financial daily newspaper Il Sole 24 Ore.
“New Media e Copyright: ci pensa l’Agcom” (New Media and Copyright: Agcom will sort it out), by Luca Arnaboldi, published in the Italian business newspaper Italia Oggi.
Benedetta Amisano, Renata Ricotti and Filippo Galimberti co-wrote the Chapter on Italian real estate regulation in Real Estate 2011, published by Getting the Deal Through.
Valentina Zanelli wrote an article entitled “L’applicazione dell’articolo 2409 c.c. alle società a responsabilità limitata: contrasti giurisprudenziali” (The Application of Article 2409 of the Italian Civil Code: Conflicting Court Decisions) published in Avvocati24, the online legal directory of the financial daily newspaper Il Sole 24 Ore.
Luca Arnaboldi and Gilberto Comi co-wrote the Chapter on Italian private client regulation in Private Client Tax 2010 published by The European Lawyer.
Carlo Emanuele Rossi edited Lex24’s publication “Dossier d’autore” on transfers of business. It contains an introduction by Carlo Emanuele Rossi, court decisions (including decisions by the Supreme Court), useful comments by experts.
Valentina Zanelli wrote an article entitled “Contratto di franchising ed abuso di direzione e coordinamento contrattuale” (Using Franchise Agreements to Improperly Excercise Management and Coordination Power), published by Ipsoa in the legal periodical “Le Società”, no. 6/10.
“Fondi immobiliari chiusi, occhio alla patrimoniale secca prevista in manovra”, by Luca Arnaboldi and Leonardo Spina, published in the Italian business newspaper Italia Oggi.
Francesco Paolo Francica wrote an article entitled “Le antenne per telefonia mobile nella fascia di rispetto cimiteriale” (Mobile phone antennas in cemeteries’ buffer zones) published on Danno e Responsabilità, (Damages and Liabilities) a monthly review on insurance and third party liability, no. 5/2010.
Valentina Zanelli wrote an article entitled “La nuova disciplina della mediazione” (New Provisions Governing Alternative Dispute Resolution) published in Avvocati24, the online legal directory of the financial daily newspaper Il Sole 24 Ore.
Carnelutti Studio Legale Associato contributed to the guide entitled “PMI all’estero – aggregazioni tra network e reti” (Small and Medium Enterprises – Aggregations among Networks and Systems) published by Il Sole24ORE. The Guide deals with legal and financial profiles of joint ventures, focusing on the opportunities arising out of such transactions for small and medium enterprises. Carnelutti examined the legal aspects, explaining the main legal structures to be put in place in order to establish an equity or non-equity joint venture.
The Guide also includes an interview given by Luca Arnaboldi on the most crucial issues to be dealt with in structuring a joint venture transaction.
Margherita Barié supplemented the chapter, which they had co-authored in previous editions, on the protection and management of trademarks in Italy for the US publication Trademark Practice & Forms, published by Oceana Publications. This is a detailed two-volume guide to protection of trademarks in jurisdictions around the world.
Benedetta Amisano is chosen as one of the subjects for the book “Real Estate: 30 talenti per il futuro” (Real Estate: 30 Talents for the Future) written by Guglielmo Pelliccioli, a major expert in the real estate industry, and published by Daily RE. The author selected promising young professionals operating in the real estate arena and created profiles.
Benedetta Amisano, Renata Ricotti and Filippo Galimberti co-wrote the Chapter on Italian real estate regulation in Real Estate 2009, published by Getting the Deal Through.
Valentina Zanelli wrote an article entitled “The New Class Action in Italy and the Risks in the Acquisition of Italian Targets”, published in the American Bar Association (ABA) newsletter on “International Mergers, Acquisitions and Joint Ventures”.
Paolo Baruffi, Mario Ippolito and Andrea Rittatore Vonwiller were contributing authors of the book “Il modello di organizzazione, gestione e controllo di cui al D.Lgs. 231/2001”, published by Giuffré Editore.
Valentina Zanelli wrote an article entitled “L’azione collettiva risarcitoria: profili comparatistici” (Class Action: comparing legislation in different countries), published by Il Mulino in the legal periodical “AGE”, no. 1/08.
Benedetta Amisano wrote the article: “Le SIIQ investono il mercato immobiliare italiano” in the February issue of the Italian publication Real Estate Magazine.
Valentina Zanelli was a contributing author of the book “Basilea 2, Ias e nuovo diritto societario” (Basel II, IASs and New Company Law), published by Bancaria Editrice.
Based on the Company Law Reform, Luisa Melara co-authored “formulario commentato delle società di capitali” (Guidelines for limited companies) published by Editore s.p.a.
Luisa Melara co-authored the Bankruptcy Procedures Treatise, published by UTET “Il decreto di rigetto dell’Istanza di fallimento e la sua impugnazione” (Appealing the rejection of a Bankruptcy Procedure application). A series of volumes curated by Luciano Panzani, President of the Torino Law Courts and by Fausto Severini, President of the Bankruptcy Chamber of the Rome Law Courts.
