Agreements to stop resignations

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by Stefano Trifirò – Corriere Economia, 04/04/2022

Since the beginning of the pandemic there has been an increase in resignations, especially from young people who are in search of a greater balance between their professional and private life. “There are many alarmed companies that have contacted us to try to minimise the consequences of this, to keep the employment level of the workforce in balance, safeguard company know-how and not lose their reputation” says Stefano Trifirò of Trifirò & Partners law firm. This is the phenomenon of the so-called ‘Great Resignation’ and how important the value of human capital is for companies. “Our firm immediately paid attention to the fact that employment contracts have evolved and become increasingly articulated and complex, incorporating numerous tools that our labour law system makes available to stabilise employment relationships, retain talents and safeguard the wealth of knowledge and business contacts. They range from the notice extension agreement, which consists of providing for a longer notice period than that provided for by collective bargaining, to the stability pact, which introduces a minimum duration clause of the employment relationship limiting the possibility of withdrawing for a predetermined period in the absence of just cause. Also from the non-competition agreement (with which the company protects itself from any competitive activity by the former employee) to the non-solicitation agreement (preventing employees from soliciting customers or employees from their previous employer). Then there is the pact of privacy and confidentiality, which can be used both in continuity of the employment relationship with more stringent effectiveness than the legal discipline and after the termination of the employment relationship.” For the lawyer, however, all this is not enough. “More efficient corporate welfare is needed, aimed at providing workers with social services and benefits and new highly flexible organisational models promoting remote working. Above all, to create a new corporate culture where the manager encourages and makes experimentation and innovation possible by promoting identity within the company organisation itself, giving adequate training opportunities” concludes Trifirò.

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