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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.

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.

Edite Ligere joins Leaders in Law as the exclusive Banking & Finance Law member in the United Kingdom

Leaders in Law, the leading platform in its field, is delighted to welcome Edite Ligere as our exclusively recommended & endorsed Banking & Finance Law expert in the United Kingdom. Edite’s office is located in London.

Edite’s practice focuses on the regulation of artificial intelligence, global financial regulation, banking, insurance, human rights, consumer protection, charity law, data protection, machine learning and cyber security.

Edite has participated in and advised on global regulatory standard setting and the national implementation of global regulatory standards. Edite is a regular contributor to various pro bono human rights and environmental initiatives, an author of various legal publications and a speaker at international and national conferences.

Edite Ligere holds an LLB (First) and an LLM from the University of London. She was called to the Bar of England and Wales by the Honourable Society of Lincoln’s Inn and is a Hubert Greenland Scholar of the Honourable Society of Lincoln’s Inn.

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

Ruben Soeratman joins Leaders in Law as the exclusive Labour & Employment Law member in Indonesia

Leaders in Law, the leading platform in its field, is delighted to welcome Ruben Soeratman as our exclusively recommended & endorsed Labour & Employment Law expert in Indonesia. Ruben’s office is located in Jakarta.

Ruben Soeratman practices law and renders legal services in the fields of labor and employment, corporate commercial, capital market, insurance services, corporate financing and restructuring, foreign investments, corporate governance, and compliance, as well commercial disputes.

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

Gael Tchouba joins Leaders in Law as the exclusive Commercial Law member in Cameroon

Leaders in Law, the leading platform in its field, is delighted to welcome Gael Tchouba as our exclusively recommended & endorsed Commercial Law expert in Cameroon. Gael’s office is located in Douala.

Douala’s top tier corporate and commercial law firms. He is an emerging lawyer with experience in corporate, commercial, regulatory and litigation fields. He has assisted local and foreign clients across a full range of transactional practices and has hands-on experience on OHADA law practice and procedures.

His boardroom practice encapsulates corporate and commercial transactions, commercial disputes, business advisory, incorporation of companies, liaison offices, regulatory compliance, corporate due diligence, debt recovery, immigration, employment issues, litigation services, legal translation.

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

Whistleblowing: Italian Guarantor Reminds Employment And Privacy Protections

The issue is always particularly crucial both for the information handled and for the high risks of retaliation and discrimination in the workplace.

Especially in Italy.

The identity of whistleblowers must be protected.

The employer, data controller, is required to comply with the principles of data protection, ensuring their integrity and security.

This was recently recalled by the Italian Privacy Guarantor, sanctioning an airport company and its software supplier for a total of over 60,000 euros.

The Guarantor reiterated that the employer data controller, even when using products or services made by third parties, must verify compliance with the data protection principles by giving the necessary instructions to the service provider.

In the case under analysis, the Guarantor ascertained the non-use of encryption techniques for the transmission and storage of data and the violation of the principle of privacy by design:

  • access to the whistleblowing application took place without the use of a secure network protocol
  • the application did not provide the encryption of the data
  • accesses to the application by employees connected to the company network were tracked through the logs generated by the firewalls

This rendered ineffective the other measures adopted to protect the confidentiality of the identity of the reporting parties.