Dismissal for cause: the case of a no-mask kindergarden teacher by Marco Sartori and Giulia Busin
August 4, 2021
In the attached article, we discuss the dismissal for cause served on a kindergarten teacher who did not wear a face mask during working hours. The decision was valid because the employee's conduct was in conflict with the safety duty set forth by Art. 2087 of the Italian Civil Code.
Our comment on the decision delivered by the Court of Trento, Labour Chamber, on 8 July 2021.
Increasing Protections
June 3, 2019
Marco Sartorio co-authored 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.
The latest Legislation for Fixed Term and Temporary Agency Work Contracts
October 29, 2018
Marco Sartori 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.
Recording Conversations at Work Is Lawful if it Protects Employees
June 2, 2018
Marco Sartori co-authored 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.
Allowance in Lieu of Annual Leave, New Guidelines of the EU Court on the Limit to the Carry-over of Leave
December 22, 2017
Marco Sartori co-authored 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.
Collective Redundancies
May 29, 2015
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.
Executive Dismissals
April 21, 2015
Marco Sartori, together with the labour team, wrote “Il licenziamento del dirigente” (Executive Dismissals ), published by Giuffré.
If the Worker Becomes a Shareholder
January 12, 2015
Marco Sartori co.-authored 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.
Jobs Act
December 4, 2014
Marco Sartori co-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
Dismissals in the Fornero Reform, the Concept of “Disputed Fact” in Art. 18
November 17, 2014
Marco Sartori co-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.
Recent Court Decisions on Transfers of Lines of Business
July 21, 2014
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”.
