Category: T&P Magazine EN

Claim of responsibility against managing director of private limited company By Stefano Trifirò and Federico Manfredi Following the reform of corporate law of 2003 a large number of company even with a complex structure choose to be incorporated as private limited  rather than a public limited company. Many do not know that even if private limited are similar to public limited company the civil code contains some differences which are particularly relevant in case of conflict such as the case of claim of responsibility against the ex-managing director. The rules for limited companies are specific and simpler as under article …

Robot at new work place By Stefano Trifirò John Nasbitt the scholar of international fame invented the term of globalisation 30 years ago. His book “Mind Set” suggests the mental attitude necessary to foresee the world to come and teaches us that the direction the world is going and its will are rooted in the past and the present. These observations may apply to the evolution and the automation of labour market. Indeed, the debate on automation and economic progress are not new issues in microeconomics. Recently, it was said for example, that robots and automation in general should pay …

The Constitutional Court ruled on the constitutionality of the Job Act related to the scaled protection raised by the employment Tribunal of Rome By Stefano Trifirò Last September 2018 the Constitutional Court ruled on the constitutionality of the Job Act related to the scaled protection raised by the employment Tribunal of Rome, says employment lawyer Stefano Trifirò of the firm Trifirò and Partners. More to the point the Court declared unconstitutional the section that sets out that the counting of the indemnity for dismissal must be based on global retribution and be quantified on the base of seniority that is …

Recording of conversations and the use of CCTV at the workplace: rights and duties The Supreme Court gave guidelines about vocal recordings and CCTV at the workplace without the permission of the person recorded. A worker was dismissed for recording and taking CCTV images of other colleagues without their permission. The Supreme Court reaffirmed that treatment of personal data is subject to the approval of the person involved. However, if the goal is to defend a right or contribute to a defense investigation limited in time, approval is not necessary. This kind of conduct is already provided for under the …

The point on digital advertising, influencer marketing: respect for the principles of recognition By Vittorio Provera Many important companies operating in the various sectors of the economy adhere to the Istituto di Autodisciplina Pubblicitaria (IAP), an association established over 20 years ago, whose objective is to ensure that commercial communication is honest, truthful and correct. The IAP has therefore created a code of self-regulation of commercial communication, consistently updated, which dictates a series of principles and rules to which the companies belonging to the association must comply with in the performance of commercial communication activities. The strengths of this system …

The recording of conversations and videos at the workplace: disciplinary behaviour or legitimate exercise of the right of defense? By Antonio Cazzella With two judgments of May 2018, the Supreme Court once again ruled on a particular case, which was an opportunity to summarize some principles regarding privacy: in particular, the Court of Cassation had to assess whether it is legitimate, by a worker to record conversations and / or videos in the workplace and without the knowledge of colleagues. The Supreme Court examined the case of an employee who had delivered a USB stick containing recordings of conversations made …

Publication of the legislative decree of harmonization to the GDPR: news on labour, sanctions and small and medium-sized enterprises By Damiana Lesce, Paola Lonigro and Valeria De Lucia On 4 September 2018, Legislative Decree no. 101/2018 was enacted to give harmonization of the national legislation to the EU Regulation no. 679 of 2016 (“GDPR”). The general part of the Italian Privacy Code is almost completely replaced by the provisions of the regulations. Therefore, the rules on principles, legal bases of compensation, information and prior consent are repealed and replaced by European ones. As for the special part of the Privacy Code, below is a summary of the main news, starting from those …

The right to criticism and satire in the workplace Five employees have been dismissed for cause, because at the workplaces, they represented a sort of play where the managing director was hanged and at the same time, he left (in the “play”), a will. The Court of Appeal, changed the decision of the first instance Court, based on the fact that it was a legal satire under the principle of freedom of speech. The Supreme Court overturned the decision and ruled that the freedom of speech and right of satire should be balanced with the protection of human dignity. In …

Brexit outlook on taxation of dividends and capital gains in the UK As it is known, the referendum on the permanence of the United Kingdom in the European Union took place on 23 June 2016 and saw the prevalence of the votes in favor of leaving the EU attested to 51.9%, against 48.1% of the voters who voted to stay. Following the vote, the notification of the activation of the exit procedure took place, on March 29, 2017, pursuant to art. 50 of the Lisbon Treaty. It follows that England will withdraw from the treaties of the European Union with …

Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery The worker was dismissed because during his sick leave he conducted heavy duty activities for his own interests. Such heavy duty activities impinged on his chances to a quick recovery and justify   the dismissal. The Court of Appeal of Turin confirmed the lower Court decision and set out the following principles: the verification conducted by an investigation agency during the sick leave were legitimate and could be used as evidence by the Court; conducting activities during sick leave is possible unless such activities endanger …