Trifirò & Partners

Until when can the worker send the employer the medical certificate to justify his absence due to illness? The answer to this question might seem easy, given that, as a rule, collective agreements, or, failing that, company regulations, dictate specific provisions in this regard, prescribing the transmission of the medical certification within the second or third […]

The most significant innovations in terms of labor law that the new 2023 Budget Law brings with it move on various directives: quota 103 for pensions, increases the limit on the use of casual work, an important reduction in taxation of performance bonuses, important measures to support the family and parenting and female employment, as […]

Pursuant to art. 4, first paragraph, law 20 May 1970, n. 300 (so-called Workers’ Statute), the employer may, but only for certain purposes (among which there is that of protecting company assets), install video surveillance systems inside the company premises from which distance of workers, on condition of previously stipulating an agreement with the trade unions. or, failing […]

The Supreme Court, with order of 11 November 2022, n. 33429, ruled on the transfer of a worker who benefits from the permits referred to in art. 33, paragraph 3, law n. 104/1992. Pursuant to art. 33, paragraph 5, cited law, the worker who assists a disabled family member – and therefore benefits from the permits referred to […]

In the Official Gazette of October 17, 2022, Legislative Decree 10 October 2022, n. 149 which, in implementation of the delegated law no. 206 and with various modifications to the civil code and the customary one, introduces an important reform with the aim of simplifying and rationalizing the civil process through three main intervention plans: digitization; the revision […]

When we talk about workers buyout we refer to the operation – indeed a corporate one – through which the workers “take over” the company where they are employed. The implications in the HR field have a significant significance compared to the mere immediate result given by the preservation of the job which, otherwise, would have […]

A further step towards gender equality in the workplace: mandatory paternity leave becomes structural Paternity leave represents a fundamental tool for promoting the culture of sharing in the care of children and in promoting full gender equality in the distribution of parental roles, helping to eradicate, at least in principle, the idea that it is […]

Accident at work and the burden of proof With a recent sentence, the Court of Appeal of Ancona has held that the burden of the worker, who complains of having suffered damage to health due to the work carried out, the burden of proving the existence of such damage , as well as the harmfulness […]

With the ordinance n. 24722/2022 of 11.8.2022, the Supreme Court of Cassation, expressing itself on the legitimacy of a dismissal for poor performance, takes the opportunity to emphasize a principle of law and a provision of the Workers’ Statute , which, in light of the entry into force of Legislative Decree no. 104/22 (now known as the […]

The company Code of Ethics governs many aspects of company life. The rules included in it have the purpose of guaranteeing values ??such as equality, fairness, confidentiality, protection of the person, honesty, impartiality, transparency, values ??which employees can recognise themselves. HR is responsible and also has the task of verifying that rules are respected. To […]

The Council of Ministers in the meeting of 31 March 2022 approved the draft legislative decree for the implementation of the EU Directive 2019/1152 relating to transparent and predictable working conditions in the European Union. The deadline for the transposition of the directive is 1 August 2022 . The draft decree – which will amend the legislative […]

The Constitutional Court still intervenes on art. 18: reinstatement and manifest lack of justified objective reason With sentence no. 125/2022 of 19 May 2022, exactly 10 years after the Fornero law (l. 92/2012), the Constitutional Court has returned to rule on art. 18 St. Lav., Intervening on one of the most controversial aspects of the law, as then […]

With sentence no. 125/2022 of 19 May 2022, exactly 10 years after the Fornero law (l. 92/2012), the Constitutional Court has returned to rule on art. 18 St. Lav., Intervening on one of the most controversial aspects of the law, as then modified by the reform. The sentence in fact declared unconstitutional art. 18, seventh paragraph, second sentence, in […]

On the role and function of the Labor Judge between past, present and future: a testimony April 4, 2022 Published in Labor law of the lawyer Salvatore Trifirò On the role and function of the Labor Judge between past, present and future: a testimony. 2. The 1950s – 1960s – 3. The 1970s – 4. The socio-historical context of […]

The company Code of Ethics governs many aspects of company life. The rules included in it have the purpose of guaranteeing values ??such as equality, fairness, confidentiality, protection of the person, honesty, impartiality, transparency, values ??which employees can recognise themselves. HR is responsible and also has the task of verifying that rules are respected. To […]

One of the areas where the jurisprudential debate is always alive and changing is represented by the compatibility between the employment relationship and the social position, when these are headed by the same subject, who is, therefore, invested so much with the subjective situation of employee of the company, how much of that of a […]

Court of Sassari, Sentence of 22 February 2022, case followed by Mariapaola Rovetta and Federico Manfredi With a recent sentence of 22 February 2022, the Labor Judge of Sassari confirmed the principle of the Supreme Court according to which if the dismissal is ordered for just cause and the employee has been challenged with various […]

Legislative  Decree 221 of 2022 , with  art. 17 paragraph 2 , has delegated to the  Ministry of Health, in agreement with the Ministers of Labor and Social Policies and for the Public Administration , the identification  “of chronic diseases with low clinical remuneration and with particular connotations of gravity, in the presence of which ,  until February 28, 2022 , the  work performance must normally […]

REMOTE WORKING: THE EXTENSION ARRIVES, BUT INDIVIDUAL CONTRACTS REMAIN RELEVANT The “Reopening Decree”, among the many innovations aimed at phasing out the emergency period, unexpectedly arranged for the extension of the special rules on remote working for the private sector until 30 June 2022. In fact, until a few days ago, it seemed that the […]

With ordinance no. 27934 of October 13 2021, the supreme Court ruled on the right of the terminating party to obtain payment of the substitute indemnity the event that the other party waives the notice period. Continue reading

As has been effectively said, the future (and present) of the world of work is a hybrid of the real world and the virtual world. The lockdowns were a tremendous opportunity for companies to experiment with new forms of work such as remote work. In reality, it was a mix of factors that escape any […]

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 […]

“The spontaneous decision of an employee not to get vaccinated could lead to his suspension from work, in cases of impossibility of assignment to a different job, without prejudice to the judgment of the company doctor who may deem a worker unsuitable based on the type of duties to be carried out and the risk […]

To restart the labour market, social dialogue will be crucial in identifying effective active labour policies  by Giacinto Favalli 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 […]

by Giacinto Favalli 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 consequences of the pandemic today are those deriving from the reduction of economic and productive […]