The probationary period
The probationary period is a tool that companies are generally familiar with, but in practice it is often taken for granted or used imprecisely. When properly structured, however, it represents a key step in assessing whether the employment relationship truly works—for both the company and the employee. …
Contract Procurement in Italian Labour Law
In today’s episode, we address a topic that is both highly topical and particularly sensitive for professionals involved in HR management and employment law advisory work: the genuineness of outsourcing arrangements, the use of so-called “sham cooperatives,” secondments, and the related risk of insubordination. …
The modern manager’s role
The role of the corporate manager has long been at the center of a normative and jurisprudential evolution that redefines their function far beyond traditional executive duties. It is no longer sufficient merely to implement directives from above: today, the manager is called upon to be a driver of change, a guarantor of organizational legality, and an active participant in compliance and governance processes. …
Posts, Chats, and Dismissals: When the Digital World Enters the Courtroom
The Constitution protects freedom of expression and the right to criticize, but this right is not absolute: when words cross the line and become insults or defamation—especially in a public setting—the consequence may include dismissal. …
Social media, Employment and the Law: when words carry weight
In today’s digital environment, private and public communications often take place on the same platforms. It is crucial, however, to recognize that private chats and messages constitute confidential correspondence. In the absence of a valid legal basis, any monitoring or processing of such communications by an employer is unlawful. Privacy must prevail over corporate curiosity—this is not only a matter of good practice, but a principle enshrined in Article 15 of the Italian Constitution, which safeguards the freedom and secrecy of correspondence. The demarcation between private life and professional responsibility is subtle but not imperceptible. Every word expressed online has …
Intentional mother
With Judgment No. 68 of 2025, the Italian Constitutional Court declared unconstitutional the provision contained in Law No. 40 of 2004 insofar as it fails to recognize the status of parent to the intentional mother in same-sex female couples. Indeed, the failure to recognize the intentional mother deprives the child of one of their primary caregivers, with consequences extending to legal and social protections. Employers have the opportunity to act in advance of legislative reform by implementing inclusive workplace policies that extend equal parental benefits to both parents, regardless of formal legal recognition. Such policies foster not only a more …
How much is a salary really worth?
Talking about remuneration today means questioning governance models, organizational culture, and corporate value-based policies. The recent Law No. 76/2025, which entered into force on 10 June, fits squarely within this new paradigm: employee participation is finally recognized as a structural element of corporate competitiveness, no longer merely an ancillary option rooted in union or ideological frameworks. Listen to podcast …
Incarceration and Dismissal
Can an employee be dismissed if they are sent to prison? The answer isn't as straightforward as it may seem. Incarceration—serious as it is—is not, in itself, a breach of contract. However, it can lead to a temporary inability to perform work duties and, under certain circumstances, this may constitute valid grounds for dismissal due to objective justification. Listen to podcast by attorneys Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners Avvocati. …
Dismissal: Riding a Scooter While on Sick Leave
Affrontiamo oggi un nuovo episodio, che riguarda il licenziamento di un dipendente infortunato al braccio, che malgrado una prescrizione medica di riposo e immobilizzazione dell’arto, si era recato al mare durante il periodo di malattia... in scooter! Per il datore di lavoro, quel comportamento aveva rappresentato una violazione del vincolo fiduciario, tanto da arrivare al licenziamento per giusta causa. Ma è davvero sufficiente una condotta pregiudizievole per giustificare un licenziamento immediato, senza preavviso? Oppure servono prove concrete, di un effettivo pregiudizio alla guarigione (in questo caso) o al rapporto fiduciario? …
Non-compete agreement
Today we're diving into a topic that is as strategic as it is delicate: the non-compete agreement. What is it really? When is it valid? And what are the risks for those who violate it? A non-compete agreement is a valuable tool to protect a company’s know-how and business interests—but it must be handled with care. If poorly written, it can be void. If too vague, it becomes useless. If overly restrictive, it may even be harmful. An effective agreement starts with clear, tailored choices. If you're an employer, HR professional, or legal advisor, stay with us—we’ll share practical tips …
