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Italian Freezing Of Redundancies: Better To Summarize

Italian government identifies a solution to face the pressures received (DL 99/2021 of last June 30, Art. 4).

Employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15 remain precluded until 31 October 2021 from the possibility of individual and collective economic redundancies.

In view of the block, it was possible for a maximum duration of seventeen weeks in the period between 1 July and 31 October 2021 to grant the ordinary wage supplement treatment (art.19 and 20 DL 18/2020) without the payment of the additional contribution.

Lowering the new provision in the context of the ‘Sostegni’ Decree (art.8 DL 41/2021 converted by L 69/2021), it follows that:

  • The general block on dismissals for workers of companies that have CIGO and extraordinary CIG (especially industry and agriculture) ended on 30 June 2021
  • Redundancies are forbidden until October 31, 2021 for employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15
  • Redundancies are prohibited until October 31, 2021 for workers of companies covered by ‘FIS’ and instruments in derogation (especially tertiary)

In any case, while the block is in effect, it is always possible to terminate the employment relationship in the following cases

  • corporate collective agreement
  • expansion contract
  • reinstatement for change of contract
  • bankruptcy
  • definitive termination of the company’s business (which does not involve the transfer of a company or one of its branches)
  • just-cause dismissal
  • dismissal for disciplinary reasons
  • dismissal for exceeding the grant period of illness
  • dismissal for failure to pass the probationary period
  • dismissal for reaching age for the use of the old-age pension
  • dismissal for unfitness for duties
  • dismissal of the domestic worker
  • dismissal of the manager (even if a recent jurisprudential orientation is contrary)
  • the termination of the apprenticeship at its expiration date
  • consensual employment terminations and resignations for just cause

Brian W Burkhalter joins Leaders in Law as the exclusive Construction Law member in Georgia, USA

Leaders in Law, the leading platform in its field, is delighted to welcome Brian W Burkhalter as our exclusively recommended & endorsed Construction Law expert in Georgia, USA. Brian’s office is located in Atlanta.

Brian W. Burkhalter is an experienced construction and litigation attorney and a trusted business counselor to his clients. He manages a broad-based commercial litigation practice with an emphasis in representing clients in the areas of construction law and litigation. He has experience in all phases of a project, including bid and proposal preparation, contract award controversies, and performance-related disputes and claims.

A significant portion of his practice involves claims avoidance through assisting clients in every phase of the construction process, from the negotiation and drafting of construction contracts to educating clients through day-to-day review of projects, contracts, issues and project documents. Additionally, Brian has extensive experience in litigation and dispute resolution before arbitration panels, administrative agencies and litigation in state, federal and appellate courts. He has represented commercial general contractors, specialty subcontractors, design and engineering professionals and product suppliers.

If you require any assistance in this area, please use the contact details provided in Brian’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Mubarak Al-Sulaiti joins Leaders in Law as the exclusive Civil Law member in Qatar

Leaders in Law, the leading platform in its field, is delighted to welcome Mubarak Al-Sulaiti as our exclusively recommended & endorsed Civil Law expert in Qatar. Mubarak’s office is located in Doha.

Mubarak Al-Sulaiti is the founder and Chairman of Al Sulaiti Law Firm.

If you require any assistance in this area, please use the contact details provided in Mubarak’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Italian Fixed-Term Contract With The Collective Agreement’s Condition

The “Sostegni Bis Decree” introduced an important innovation to the discipline of fixed-term contracts.

Collective agreements can identify new reasons in the presence of which it will be possible to stipulate a term contract lasting more than 12 months.

The condition must identify specific and concrete hypotheses without using generic formulations (“technical, organizational …”) that need further declinations within the individual contract.

This innovation also affects the extensions and renewals, the rules of which refer to the one of the fixed-term contract.

The Italian Ministry of Labor (note 7959 of 13 September 2021) and the INL (note 1363 of 14 September 2021) therefore specify the possibility of renewing or extending a fixed-term contract according to the new provisions of collective agreement.

This option is currently foreseen until the 30 September 2022 but the term refers to the formalization of the contract.

Jacy Whittaker joins Leaders in Law as the exclusive Commercial Litigation Law member in the Bahamas

Leaders in Law, the leading platform in its field, is delighted to welcome Jacy Whittaker as our exclusively recommended & endorsed Commercial Litigation Law expert in the Bahamas. Jacy’s office is located in Freeport.

For Jacy Whittaker, the key to winning cases is being abundantly overprepared. As an attorney, Jacy gears up for war on everything. The litigator never walks into a courtroom without more research, more evidence, and more potential angles than warranted. This over-preparation allows him to think on his feet, building confidence—and the court’s regard—through each winning application, writ, submission, and hearing. Rather than being exhausted by sheer volume, the youthful lawyer becomes even more invigorated. After all, he lives to argue—and win.

Jacy got his start in 2000, working as a legal assistant for Frederick R.M. Smith, QC, a legendary attorney in the Bahamas. Mr. Smith had been intrigued by a brand of intelligence that has since served Jacy well in the courtroom. Even then, a talent analysis showed Jacy’s strengths as a future litigator.

If you require any assistance in this area, please use the contact details provided in Jacy’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Nils T. F. Schmid joins Leaders in Law as the exclusive Mechanical Engineering member in Germany

Leaders in Law, the leading platform in its field, is delighted to welcome Nils T. F. Schmid as our exclusively recommended & endorsed Mechanical Engineering expert in Germany. Nils’s office is located in Munich.

Nils T.F. Schmid specializes in traditional mechanical engineering, his particular interest being in the areas of motor vehicles, tool engineering, process engineering, textile technologies, and medical technology. For his clients, especially medium-sized companies in Germany/Europe and Asian and American big corporations, he develops both German and global patent strategies and sees to their implementation with regard to the building up and management of patent and design patent portfolios.

Other key areas of his work include infringement and nullity disputes regarding patents, utility models, and designs, and the establishment and counseling of in house IP departments, including advising on employee inventor law.

If you require any assistance in this area, please use the contact details provided in Nils’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Francis Xavier joins Leaders in Law as the exclusive International Arbitration Law member in Singapore

Leaders in Law, the leading platform in its field, is delighted to welcome Francis Xavier as our exclusively recommended & endorsed International Arbitration Law expert in Singapore. 

Francis is Regional Head, Disputes Practices of Rajah & Tann and was appointed Senior Counsel in January 2009. He practises in the areas of international and treaty arbitration and cross-border commercial litigation.

He specialises in corporate and commercial disputes especially in the areas of corporate, banking, property and financial and investment related claims. He also specialises in aviation law and advised in the class-action suit resulting from the crash of the SilkAir flight in Indonesia in 1997 and the Taiwan SIA crash.

If you require any assistance in this area, please use the contact details provided in Francis’ profile below or contact us at info@leaders-in-law.com & we will put you in touch.

“Why Metadata Matters for the Future of Copyright” – Dr Martin Schaefer in the journal European Intellectual Property Review

Metadata is essential in the copyright industry of the 21st century to keep the engine of copyright running smoothly and powerfully for the benefit of creators, users and the copyright industry as a whole. But metadata is difficult to acquire and even difficult to keep up to date, as content rights are mostly multi-layered, fragmented, international and moreover volatile.

BOEHMERT & BOEHMERT partner and lawyer Dr. Martin Schaefer deals with a solution approach for this challenge in his article “Why Metadata Matters for the Future of Copyright”, which appeared in the 08/2021 issue of the “European Intellectual Property Review” (E.I.P.R.). Together with co-author Prof. Dr. Norbert Gronau from the University of Potsdam, Dr. Schaefer develops the idea of a neutral tool for searching and improving metadata that could serve as a buffer to protect the interests of proprietary database owners and avoid the shortcomings of centralised databases.

In light of various EU efforts, the authors conclude in their paper that it is time to take the concept of a “metadata search and enhancement tool” to a new level. And this is not only for the music industry, as the entire copyright sector could benefit from such approach. Large international public organisations – such as those under the roof of the EU – would be predestined for implementation.

To Prohibit The Use Of The Islamic Headscarf Or Christian Crucifix In The Workplace Constitutes Discrimination ?

The question is whether an internal rule of a private undertaking prohibiting the wearing of any visible sign of political, philosophical or religious beliefs in the workplace constitutes direct discrimination.

The Court of Justice of the European Union returns to the topic (Judgment 15 July 2021).

The Court reminds that such a rule does not constitute discrimination of that sort provided that it covers any manifestation of such beliefs without distinction and treats all workers of the undertaking in the same way by requiring them, in a general and undifferentiated way, inter alia, to dress neutrally, which precludes the wearing of such signs.

A rule of this kind, provided it is applied in a general and indiscriminate manner, does not establish a difference in treatment.

The mere desire of an employer to pursue a policy of neutrality – while in itself a legitimate aim – is not sufficient, as such, to justify objectively a difference of treatment indirectly based on religion or belief, since such a justification can be regarded as being objective only where there is a genuine need on the part of that employer, which it is for that employer to demonstrate.

In the case in question, therefore, the dismissal of a nursery employee who had refused to remove the Islamic veil seemed legitimate.

The structure had imposed an internal regulation based on the principle of neutrality.

It should be noted that the employer had, for the same reasons, prohibited the christian crucifix to another employee.

The Energizer – Volume 96: Offshore Wind and Energy Projects

“OFFSHORE WIND AMERICAN MANUFACTURING ACT OF 2021” INTRODUCED IN THE U.S. SENATE

On 11 August 2021, Senators Ed Markey (D-MA), Elizabeth Warren (D-MA), Cory Booker (D-NJ), and Robert Menendez (D-NJ) introduced the “Offshore Wind American Manufacturing Act of 2021,” a bill to create two new tax credits for domestic offshore wind manufacturing facilities—an investment tax credit and a production tax credit.

The investment tax credit would provide a 30 percent tax credit to build, upgrade, or retool domestic manufacturing facilities that are “predominantly” used to manufacture or process offshore wind components or vessels. The credit would apply to construction, reconstruction, and acquisition costs as well if the facility would be repurposed to manufacture offshore wind components or vessels.

The production tax credit would provide a tax credit for each component or vessel an eligible facility produces, provided the component or vessel is placed into service or sold.  For components, the amount of the credit is determined by the rated capacity of the completed offshore wind turbine multiplied by a designated value for each type of component. For instance, a tower (or subcomponents thereof), would qualify for a credit calculated by multiplying the rated capacity by 3 cents, whereas a nacelle (or subcomponents thereof), would utilize a multiplier of 5 cents.  Vessels would qualify for 10 percent of the sale price. The production tax credit would phase out in years 2029 and 2030, and would be eliminated for components or vessels placed into service or sold after 31 December, 2030. To qualify for either credit, all laborers and mechanics employed by contractors and subcontractors that help manufacture the products at the eligible facility are paid the prevailing wage for similar work in that locality, as determined by the Secretary of Labor.

DOE AWARDS $82.6 MILLION TO ENERGY EFFICIENCY PROJECTS

On 13 August 2021, the U.S. Department of Energy awarded US$82.6 million in funding to 44 projects designed to increase energy efficiency and lower consumers’ energy bills. According to Energy Secretary Jennifer Granholm, “Americans spend about $100 billion every year on wasted energy from buildings, heating and cooling units,” and “advancements that make both existing and newly constructed buildings more energy-efficient… save[s] consumers money and reduce[s] the climate impacts of the places we live and work.”

Spanning 20 states, the awarded projects include efforts to develop: an isothermal compressor that can reduce the energy consumption of refrigerators by an average of 40 percent; demonstrate the effectiveness of battery-integrated appliances to shift electrical loads on utility grids in response to demand; and collaborate between home manufacturers, product suppliers, and customers to develop cost-effective solutions for net-zero-energy manufactured homes.

OFFSHORE WIND LEASE OPPORTUNITIES CONSIDERED OFFSHORE THE CAROLINAS

On 13 August 2021, the U.S. Bureau of Ocean Energy Management (BOEM) announced that it is considering a lease sale for the Wilmington East wind energy area located in the Long Bay area, offshore North and South Carolina.  BOEM is currently preparing a supplemental environmental assessment and is seeking public comments through 12 September 2021.

The announcement follows closely on the heels of North Carolina Governor Roy Cooper’s June 9th executive order directing agencies in his administration to develop wind-energy infrastructure off the state’s coast.  Section 1 of the order lays out targets for energy production from wind energy, noting that the state “will strive for development of 2.8 gigawatts (GW) of offshore wind energy resources off the North Carolina coast by 2030 and 8.0 GW by 2040.”

CALIFORNIA ENERGY COMMISSION ADOPTS ENERGY CODE PROMOTING ELECTRICFICATION FOR NEW AND RENOVATED BUILDINGS

On 11 August 2021, the California Energy Commission announced that it adopted the 2022 Building Energy Efficiency Standards (Energy Code) for newly constructed and renovated buildings. The Energy Code applies to residential, nonresidential, high-rise residential, and hotel and motel buildings. The CEC expects the revised standards to increase energy efficiency and reduce the carbon footprint of buildings, thereby helping California meet its long-term climate and emissions goals.

The revised standards include four major changes. First, they will encourage electric heat pump technology, a technology that may provide substantial increases in energy efficiency while decreasing greenhouse gas emissions. Second, the standards will establish electric-ready requirements for single-family homes, requiring these buildings to have dedicated circuits and infrastructure to accommodate installation of electric appliances. Third, they extend solar photovoltaic (PV) system standards and introduce battery storage standards for additional building categories, including select businesses. Finally, the Energy Code updates ventilation standards.

The revised Energy Code is notable in that it establishes combined solar PV and battery standards for certain businesses and civic facilities, including retail and grocery stores, restaurants, schools, theaters, auditoriums, and convention centers. The code revisions also establish new energy efficiency standards for commercial greenhouses, with this provision primarily directed to commercial cannabis growing operations.

Article By

Buck B. Endemann
Daniel S. Cohen
Molly K. Barker
Natalie J. Reid
Matthew P. Clark
Nathan C. Howe
K&L Gates