Unclear rules, disputes on the way
by Valeria De Lucia If in the next few months there is no concrete revival of the economy and a full recovery of business activity – says the labour lawyer Valeria De Lucia of Trifiro & Partners law firm – we risk that the rules introduced by the August decree will only move the possible wave of layoffs caused by Covid, plastering companies. According to De Lucia, the line adopted as highlighted by the OECD is a unique case in Europe, which risks preventing restructuring and new investments by hindering new employment. Other countries also introduced limits on layoffs, but …
The potential of remote working to have individual agreements
by Salvatore Trifirò – Il Sole 24 Ore, 01/09/2020 During the 80s in Italy, some enterprising entrepreneurs so-called atypical forms of autonomous work (pony express and door-to-door sales) were created. Holland in the 90s materialised the concept of remote working as a new model of work organisation that was also adopted in other Northern European countries and in Australia. In Italy “smart working” translated literally to English means “intelligent work”. The Legislator has called it “agile work”. Intelligence and agility are, therefore, the common denominator of this new form of work which, due to the health emergency for Covid, …
Sustainability and ethics in the current work environment
by Mariapaola Rovetta Before the Covid-19 health emergency we were dealing with the issue of sustainability. The topic is now more relevant than ever and extends to new situations that would never have been previously imagined. As is now known, the term sustainability means the orientation towards adopting a lifestyle aimed at satisfying the needs of the present generation without compromising the ability of future generations to meet their own needs. This can be achieved through greater respect for the environment with the advantage of a better quality of life. The concept of sustainability, and with it the broader …
Remote working: there is a flip side as well
By: Mariapaola Rovetta Here we are at the end of the lockdown, but not the health emergency concerning the spread of Covid-19. Now a hot topic that has become the subject of debate: remote working. Those who have had the privilege and good fortune of being able to continue working during the lockdown have done it from home, i.e. by agile working, even if this term means being able to carry out their job in any place, not only at home, it is sufficient to have available just a personal computer or smartphone. This differs from teleworking which is …
The Workers’ Statute, Yesterday and Today
May 19, 2020 published in Labour Law By Salvatore Trifirò, Founder of Trifirò & Partners Law Firm In the 25th year since the creation of the Workers’ Statute, I had the honour of being called by the First President of the Court of Cassation to report to the Great Chamber of the United Sections of the Supreme Court. I outlined how, based on my professional experience, the Workers’ Statute – in the interpretation given by the Judges of merit and by those of legitimacy – had affected the life and customs of the nation and the company: considering that …
Social Innovation – Digital Transformation: smart working also works for lawyers
by Giovanni Luchetti The emergency arising from the Coronavirus has allowed Italy to discover the potentially positive side of a practice that is still viewed with ‘suspicion’: that of remote work. As part of the measures adopted by the Government for the containment and management of the epidemiological emergency from COVID-19 (coronavirus), the President of the Council of Ministers issued on March 1st, 2020 a new Decree-Law about smart working, also confirmed by the Decree-Law of March 4th, 2020. As indicated in the Decree-Law of the President of the Council of Ministers (DPCM) of March 11th, 2020 it is recommended …
Remote working: what does it really mean?
by Stefano Trifirò Just over a week has passed since the Prime Ministerial Decree of 11 March 2020 expressly made a recommendation on the maximum use by companies of remote working methods for all those activities that can be carried out offsite. In order to facilitate the entrepreneur in the most rapid application of agile working methods, the Presidency of the Council of Ministers already issued a decree on 1 March 2020. It detailed the new simplified procedure for the sending of agile working communications for the epidemiological emergency period. The access which, among other things, involves simply sending …
Public service announcement – Trifirò & Partners professional activity
Trifirò & Partners law firm would like to inform you that in accordance with the latest legal provisions, professional activity will continue in compliance with the following methods: remote working – with attention to fully protect the obligation of professional confidentiality on matters being dealt with in office – carrying out work in compliance with all the safety distances and precautions provided by the authorities to protect the health of employees, collaborators and professionals The firm reminds you that even outside the office, all rules of conduct dictated by the authorities must be respected. …
Parent company not liable for acts of their subsidiaries
(Court of Appeal of L’Aquila 13 March 2019) by Bonaventura Minutolo and Francesco Torniamenti Two policyholders had contracted some policies with an insurance company that had not fulfilled the subsequent request for redemption of the contracts. The issuing company was then merged with another company, which in turn was controlled by the parent company. The policyholders therefore sued the parent company and affirmed its liability for the debts of the merged company. In the Court of First Instance judgment, officiated in the default of the defendant company, the Court accepted the plaintiffs’ request, condemning the defendant to refund to the …
