Category: T&P Magazine EN

by Stefano Trifirò and Federico Manfredi In recent months there has been debate about labour stability, which the Dignity Decree intends to focus on in the face of flexibility that businesses require. Considering this, in the legislative interventions of the last 15 years that have affected sector regulations, self-employment has been viewed as a great disadvantage. Collaborative relationships are presumed to be fraudulent and are re-qualified on the basis of revealing indexes, regardless of how they are actually carried out. On the other hand, subordinate employment relationships were encouraged both through tax relief and by weakening worker protection in the …

by Vittorio Provera The opening of some supermarkets (“Amazon GO” brand) in the United States have recently been reported by the press to have only the presence of employees, at least for the moment, made up of a security guard and staff in charge of restocking the shelves. Customers enter the supermarket, identify themselves thanks to an account and application that generates a QR Code which is passed on a special reader at the turnstiles. So the customer, even in the company of others, will be free to wander around the shelves, choose products, put them in bags or other …

(Brescia Tribunal, 30 July 2019) The judgment of the Brescia Court, which concerns a dismissal for theft of products owned by the employer company, offers the opportunity to make some reflections on the subject of “computer” evidence. In the case, in order to demonstrate theft of goods, the employer had brought to court some videos taken from the video surveillance system. They were contested by the worker who claimed that they did not constitute valid evidence on authenticity grounds, as they were extracted from cameras – and then produced in court – without the adoption of a suitable procedure to …

The reduction of tax and social security contributions are some of the objectives which the government is working on. But just as intervention of the “tax wedge” is being structured, which should have an impact of about 5 billion on public spending, it hasn’t yet fulfilled these goals. This is the opinion of Stefano Trifirò lawyer at Studio Trifirò & Partners. The fact that the tax wedge can “take place through a tax credit, or a direct cut in the contributions paid by workers (currently around 9%) changes little, given the objective of increasing payroll and as a result, to boost consumption” explains Trifirò. …

The Italian law market is polarized: on one side, there are the big law firms which make up around 5-6 thousand lawyers (slightly less than 3% of the total), but in the meanwhile they produce more than the 80% of the Italian advocacy GDP; on the other hand, there are the over 240 thousand active professionals counted by “Casa forense”, who are primarly part of small and middle sized offices and are particularly common in the southern part of Italy. Continue reading the article here …

It is already notorious that nowadays artificial intelligence can manage a wide range of aspects of a company.In this context, the most obvious critical aspects are evident when artificial intelligence is invested with the “responsibility” of making decisions like humans, which have a huge impact on the life of the company and its employees. In fact, many cases have recently come up in the media where algorithms are called upon to make decisions automatically. For example, the fortunes of investments, product lines and even making decisions on part of the human resources department, deciding who to employ and who to …

Case reviewed by Stefano Trifirò and Mariapaola Rovetta The Court of Appeals of Milan clarified again the importance of distinguishing indirect from direct commissions due to an agent from a principal. The former, as is well known, are due to an agent only in the eventuality that the principal operates directly in the area of competence of the agent, finalising business directly with clients within the agent’s mandate. Practically speaking, this situation can often be confusing. Specifically, the problem arose due to the presence of clients managed directly by the principal without taking into consideration the area of competence of …

Case reviewed by Marina Olgiati Court of Florence, 18 January 2019, n. 51 The case examined by the Court concerned the dismissal of an employee who carried out his job mainly outside the company. He was under no obligation to certify his presence through clocking in and out, instead certi?ed his professional service through reports he compiled. The company contested the falsi?cation of the reports, having ascertained that the visits indicated therein did not correspond to the real ones. This veri?cation was effectuated by investigators – appointed by the company to monitor the employee’s movements during working hours. They ascertained …

Do you use Facebook at work? You risk your job (for real) By Stefano Trifirò  Cases of dismissal for having published photos or comments on Facebook, or because cameras took pictures that were then used to undertake a disciplinary procedure against a worker are increasingly on the agenda. The law firm Trifirò & Partners, specialized in labour law, has been involved in two particular cases in which the use of various forms of technology in the workplace impacted on the recruitment, development and termination of the employment relationship. “We worked on a case in which an employee, who was allegedly …