Agreements on no indemnity in lieu of notice are lawful
July 31, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled "Legittimo l'accordo sul mancato preavviso senza pagamento" (Agreements on no indemnity in lieu of notice are lawful) in financial newspaper Il Sole24Ore.
Invalid Transfer of Business: Salaries Cannot Be Offset
July 4, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled: “Cessione d’azienda illegittima, stipendi non compensabili” (Invalid transfer of business: salaries cannot be offset) published in financial newspaper Il Sole24Ore.
Increasing Protections
June 3, 2019
Giuseppe Bulgarini d'Elci and Marco Sartorio wrote the article entitled: “Tutele crescenti, si alla reintegra per fatto disciplinarmente irrilevante.” (Increasing protections, yes to reinstatement in the job for disciplinary irrelevant events) published in Guida al Lavoro, No. 23, May 31, 2019, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.
Reinstatement with Administrative Penalty
May 10, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled: “Reintegro con sanzione amministrativa soltanto nei casi previsti dai Ccnl” (Reinstatement with administrative penalty, only in the cases expressly set out in the collective labour Agreement) published in financial newspaper Il Sole24Ore.
Unlawful Transfer of Business
April 1, 2019
Giuseppe Bulgarini d'Elci and Marco Sartorio wrote the article entitled: “Trasferimento d’azienda illegittimo, la Consulta sui Diritti spettanti ai lavoratori” (Unlawful transfer of business, the Supreme Court on workers’ rights) published in Guida al Lavoro, No. 13, March 22, 2019, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.
Benefits Cancelled only Based on Company Agreements
March 27, 2019
Giuseppe Bulgarini d’Elci wrote two articles entitled: “Benefit cancellabile solo con accordi aziendale” (Benefits cancelled only based on company agreements) and “Rifiuto del datore per agire, 60 giorni per agire” (Employer’s denial to act, 60 days to take action), published in financial newspaper Il Sole24Ore.
A Change of Course
March 13, 2019
Giuseppe Bulgarini d’Elci and Marco Sartori wrote the article “Tutele Crescenti, Licenziamento, e contratto a termine: cambio di rotta” (Increasing Protections, Dismissal, and Fixed-Term Contracts: A Change of Course) published in Guida al Lavoro, No. 11, March 8, 2019, a prestigious weekly guide on labour law and human resources issues edited by the daily paper il Sole24Ore.
Employees on Leave May also Be Dismissed
March 7, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled: Licenziabile anche chi è in congedo”(Employees on leave may also be dismissed), published in financial newspaper Il Sole24Ore.
Restrictions to Coops’ Wage Dumping
February 22, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled: Limite al dumping salariale delle coop”(Restrictions to coops’ wage dumping), published in financial newspaper Il Sole24Ore.
Maximum Indemnity Regadless of Seniority
January 22, 2019
Giuseppe Bulgarini d'Elci wrote the article entitled: "Indennità massima a prescindere dall'anzianità" (Maximum indemnity regadless of seniority) published in the Italian business newspaper Il Sole 24 Ore.
Termination of Operations with Dismissals
January 9, 2019
Giuseppe Bulgarini d’Elci wrote an article entitled: “La chiusura con licenziamenti impone sempre di comunicare i nomi " (Termination of operations with dismissals always requires to notify names), published in the Italian business newspaper Il Sole24Ore.
Lawful to Dismiss Applying the Specialization Criteria
December 14, 2018
Giuseppe Bulgarini d’Elci wrote an article entitled: “Legittimo licenziare in base al criterio della specializzazione" (Lawful to dismiss applying the specialization criteria), published in the Italian business newspaper Il Sole24Ore.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
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 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.
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.
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.
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.
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.
“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.
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.
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.
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.
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.
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.
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.
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.
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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 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.
“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.
