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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.

Baker McKenzie tackles Johannesburg ‘management issues’ with leadership change and beefed up HR

Baker McKenzie is implementing a ‘three-step plan’ to address management issues at its Johannesburg office that include a change in leadership and measures to make it easier for staff to raise confidential concerns about their treatment.

The plan was unveiled to the office at a town hall yesterday, but the global firm said it had been ‘carefully reviewing’ issues relating to the office’s management for several months.

The office culture came under the spotlight last Friday, when UK news site Roll on Friday reported that office managing partner Morné van der Merwe had stepped down and that his duties were being handled by partners from the firm’s Amsterdam office.

RoF highlighted confusion over Van der Merwe’s role, given that he was still being listed as office managing partner last week. He had in fact stepped down in April, the firm confirmed today.

Bakers’ plan comes under three headings: ‘a change in leadership’, ‘listening to and reviewing people’s concerns’, and ‘a commitment to the future and commercial success of this office’.

“Global and local leadership are clear that this is an ongoing process and that it will take time, and therefore we are not in a position to comment further on various issues and actions at present,” a spokesperson said. “However, the firm is determined to create a positive working environment and foster an inclusive culture, and is doing this using systems previously put in place to ensure we only tolerate the highest standards of conduct in our workplaces.”

“In the nine years Baker McKenzie has been operating in South Africa, we have built one of the country’s leading law offices, but there is still work to do as the office grows and matures alongside our clients, supporting a culture where all of our colleagues can thrive and make the most of their talents.”

The firm confirmed that two partners from the firm’s Amsterdam office, which has a close relationship with the Johannesburg office due to a history of shared mandates, were currently supporting the office, which is also in the process of appointing an HR lead.

It added that while it took any concerns ‘extremely seriously’ when raised, it was ‘taking additional steps to enhance our confidential workplace behaviour escalation system… which will enable any person to come forward with any concerns with the confidence that these are being treated appropriately and confidentially’.

It added that the transitional leadership team, along with regional and global leaders would be joining existing employee forums to listen to any concerns.

Van der Merwe was elevated to the managing partner role in 2017 having been one of  16 lawyers and 15 professional staff to establish the office in 2012 when their previous firm, Dewey & LeBoeuf collapsed. The former head of corporate has a particular focus on the mining sector and is highly rated.

Bakers’ Johannesburg office comes under the remit of former London office head Alex Chadwick, who stepped down from his London role a year early in June to become CEO of Europe, Middle East and Africa operations.

Like many large international law firms, Bakers has unveiled a series of initiatives to improve its ESG credentials in recent years, which include the establishment of a taskforce in June last year to improve racial and ethnic diversity across its 77 offices while in 2019 it became one of the first law firms to commit itself to achieving gender diversity targets.

“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.