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
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.
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.
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.
The latest Legislation for Fixed Term and Temporary Agency Work Contracts
October 29, 2018
Giuseppe Bulgarini d'Elci 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Jobs Act
December 4, 2014
Giuseppe Bulgarini d’Elci and Marco Sartori wrote two articles on the Jobs Act. They are entitled “Il Jobs Act e le tutele crescenti: reintegra e indennizzo alla luce dei criteri direttivi (The Jobs Act and enhanced protection: reinstatement in the original job and compensation in the light of guidelines)” and “Il Jobs Act è legge: i pilastri della riforma per incentivare il mercato del lavoro” (The Jobs Act is now law: the pillars of the reform to revitalize the job market). They were both published on the portal Lavoro Più edited by Giuffrè Editori, the leading website for Italy’s labour consultants.
http://lavoropiu.info/rubriche/focus#item-9
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.
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.
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.
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.
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”.
