Category: T&P Magazine EN

by Stefano Trifirò The obligations provided for by Legislative Decree No. 127/2021 regarding the Green Pass in the workplace must be applied by all subjects involved in its control system designated by the legislator. In fact, both employers and workers can suffer significant sanctions in the event of failure to perform the tasks assigned by the new regulations. The first person called to manage the control procedure is the employer (private and public), who will have to organise the controls and verify that everyone complies with the provisions. In particular, the employer, before 15 October, will have to define a …

by Stefano Trifirò Already a few months ago, I faced the issue of the possible consequences for unvaccinated workers in the company, focusing on the one hand, the need for the employer to have to protect the privacy of employees and on the other the obligation to comply with art. 2087 of the Civil Code. This is a rule that imposes on the company the duty to adopt the measures that according to the particularity of the work, knowledge and procedures, are necessary to protect the physical integrity and moral character of the employees. I concluded by arguing that the …

by Stefano Trifirò In the race between prevention and contagion to stop the Delta variant from taking over, our Premier has said that everything still needs to be tackled with “determination, vigilance and attention” by means of vaccines and tracking. In the meantime, Inail has prepared an interim indication plan for vaccinations in the company; the Privacy Guarantor has confirmed that the employer cannot directly ask the worker for confirmation of the vaccination etc. In addition, anti-vax doctors and nurses were suspended from work in health facilities and also in companies. It was necessary to intervene with suspensive or expulsive …

By Mariapaola Rovetta Sustainable development and social responsibility are becoming increasingly important within companies. By adopting sustainable lifestyles, companies can benefit from numerous advantages also in terms of competitiveness. “Working by applying the rules of sustainability offers greater guarantees, as the risks that are usually run in the workplace are minimised” says Mariapaola Rovetta of Trifirò & Partners law firm. “In fact, a lifestyle based on greater respect for the rules would have, as a consequence, also a lower turnover and consequently, greater protection of know-how, in the face of a reduction in time and costs in the selection and …

To investigate aspects of how the new labour market will present itself after the pandemic, the Economic and Social Observatory Restart Italy met with Giacinto Favalli, Managing Partner of Trifirò & Partners, a leading law firm in the Italian labour law scene.   How is the current situation in the labour market and what do you expect will happen in the coming months? “The rules that have been progressively enacted to stem the effects of the Covid-19 pandemic cannot be considered adequate and sufficient from a medium and long-term point of view. In terms of labour law, the most dramatic …

by Salvatore Trifirò While a recent order of the Labour Court of Rome (February 26, 2021) extends the prohibition on dismissals for objective reasons as per Law 24 April 2020, n. 27, a recent sentence by the Spanish Labour Court of Barcelona states that dismissal for justified objective reason based on the economic losses suffered as a result of the pandemic is legitimate. It adds that the prohibition on dismissals established by Royal Decree – Law March 27, 2020 n. 9 similar in content to the law in force in Italy, violates the freedom of business economic initiative and is …

by Stefano Trifirò The EU is moving to implement, with the use of artificial intelligence and robotics, the digitisation of public administrations and judicial offices. The goal is to make justice more efficient and less slow by using predictive systems that could assist the judge in the decision-making phase or the lawyers in establishing a case. For lawyer Stefano Trifirò of the law firm Trifirò & Partners,  he believes we are moving in the right direction since “the tools of legal analytics (LA), where different disciplines converge, such as data science, artificial intelligence (AI), machine learning (ML), natural language processing …

By Mariapaola Rovetta   Understanding and maintaining social responsibility is required by companies and professional firms. It is true that in the last ten years there have been more and more companies that have already adopted a sustainable approach, however many are still striving to adopt it or have only just started. Others have not yet taken it into consideration, nevertheless all will have to adapt. Even if scientific literature has been dealing with sustainability for a long time, reflections on social responsibility are more recent. A sustainable approach is fundamental in terms of competitiveness, as working with the principles …

Corriere della Sera, 31/12/2020 There was no “just cause” in Milan’s dismissal of Zvonimir Boban. This is what the Court of Milan decided, which awarded the former manager, represented by Mario Cammarata of Trifirò & Partners, compensation of 5.375 million (despite asking for more). Fired Boban wins lawsuit with €5.375 million in compensation There was no “just cause” in Milan’s dismissal of Zvonimir Boban. This is what the Court of Milan decided, which recognized the former manager, represented Mario Cammarata of Trifirò & Partners law firm, a reimbursement of €5.375 million (despite asking for more): of these €4.125 million in …

by Federico Manfredi – Forbes, October 23 2020 Remote working has been at the centre of media attention for months, becoming a matter of discussion across almost all industrial and professional areas of the country. Everyone has had the opportunity to experience and personally judge these new, more or less smart ways of working. These days, however, the need for a new and more detached approach is imposing itself on the market. In fact, what was created as an emergency measure, with the pandemic “second wave” and consequent provisions of the Dpcm of 18 October 2020, what is actually taking …