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NEWS & ARTICLES

Sep 19
2 min

Last Italian rulings on working relationships: updated to September 2022

New position on the sharing of the burden of proof and oral dismissal The worker who challenges the dismissal by alleging that the dismissal was notified without observing the written form has the burden of proving that the termination of the employment relationship depended on the will of the employer, even if manifested with conclusive behaviors, since the proof of mere termination of the work performance is not sufficient in the event that the employer objects to the fact

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Italian rulings: Unlawful dismissal, Handicap and Illness, Unjustified absence from work

lifang60

Jun 14
2 min

Italian rulings: Unlawful dismissal, Handicap and Illness, Unjustified absence from work

Unlawful dismissal Even in the presence of an infringement punished by the applicable collective bargaining agreement with dismissal, the judge must assess the suitability of the specific conduct to compromise the fiduciary link between employer and employee, in the absence of which the dismissal is unlawful. Thus, the Supreme Court ruled that the dismissal of an employee, with the duties of cashier - who ate without paying a snack taken from the dispenser adjacent to the wor

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Disciplinary dismissal between abstraction and concreteness

lifang60

Feb 21
2 min

Disciplinary dismissal between abstraction and concreteness

In the last decade, the Italian parliament has repeatedly changed the regulatory framework that governs the hypotheses and limits of the sanctioning consequences of dismissal. Therefore, it is often difficult for employers to understand whether the choice to terminate an employment relationship is in accordance with the legal rules on the matter. The Supreme Court has established some principles that be useful indicators to adequately manage a dismissal procedure. In particul

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Italian courts decisions on employees' quarantine, collective transfer, supply work and trial period

lifang60

Feb 8
2 min

Italian courts decisions on employees' quarantine, collective transfer, supply work and trial period

Quarantine for positivity to Covid-19 The quarantine for positivity to Covid-19 does not fall within the calculation of the so-called “guaranteed period” (i.e., periodo di comporto in the Italian legal parlance which is the period of absence for illness granted to the employee and during which the employee cannot be dismissed). Therefore, the quarantine period is not computed in the period dicomporto, beyond which it is legitimate to dismiss the employee (Court of Asti’s deci

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Italian Supreme Court on employee and business transfer, employer bankruptcy, collective agreement

lifang60

Jan 24
3 min

Italian Supreme Court on employee and business transfer, employer bankruptcy, collective agreement

Employee’s transfer In the event of an employee transfer, there is no burden on the employer to prove that the employee cannot work at the original location, having only to prove the causal link between the transfer decision and the reasons underlying it (see Supreme Court decision dated November 8, 2021, No. 32506). Portion of business as a going concern - Notion For the purposes of the transfer of business as a going concern provided for by Article 2112 of the Italian Civil

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Early termination of fixed-term employment contracts

lifang60

Dec 6, 2021
3 min

Early termination of fixed-term employment contracts

According to the case law predominant position, neither dismissal for organizational economic reasons nor early termination for reasons other than just cause can be applied in fixed-term employment contracts. The case law holds that dismissal for organizational economic reasons is not reconcilable with fixed-term contracts because this type of contracts responds to the need for the employer to react to situations that make it objectively no longer convenient to keep the emplo

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Notice period waiver - indemnity in lieu of notice

lifang60

Nov 4, 2021
2 min

Notice period waiver - indemnity in lieu of notice

With decision no. 27934 dated October 13, 2021, the Supreme Court stated that, in the event that the employer waives the notice period that the employee (who resigned with immediate effect) must observe, the same employer is not required to grant the related indemnity to the employee, given that no legally qualified interest can be set up in favor of the withdrawing party. The dispute concerned a summary order of payment obtained by a resigning employee for the payment of the

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Fixed-term employment contracts: max. duration and limits of use by collective bargaining agreements

lifang60

Oct 26, 2021
2 min

Fixed-term employment contracts: max. duration and limits of use by collective bargaining agreements

The change introduced by Article 41 bis of the Legislative Decree 73/2021 (the so-called Sostegni - bis decree), as converted by law 106/2021, has further relaunched the role of collective bargaining agreements in drawing up the rules for employment (and work supply) contracts of a limited duration. This is in particular after the authoritative interpretative endorsement of the National Labor Inspectorate with note No. 1363 dated 14 September 2021. Given that the 12-month ter

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Review of Italian jurisprudence on labour law

lifang60

Oct 8, 2021
1 min

Review of Italian jurisprudence on labour law

With decision dated September 10, 2021, the Supreme Court ruled that to determine the amount of the severance indemnity (known as a “TFR” - "Trattamento di Fine Rapporto" in the Italian legal prance), witness evidence is admissible in order to demonstrate the payment of the salary in cash ("out of pay-slip") provided that in the relevant chapter of evidence it is clearly indicated the circumstances of time and place in which the amounts would have been perceived. Kindly note

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How to protect intangible assets in China?

lifang60

Feb 24, 2021
7 min

How to protect intangible assets in China?

#IPR #international #law #lawyers #dongpartners #china #avvocati #copyright #proprietàintellettuale #knowhow The People's Republic of China ratified the main international agreements on intellectual property (Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention for the Protection of Industrial Property, Madrid Protocol on the registration of international trademarks). Chinese legislation on the matter is therefore very close to inte

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Trademarks, Designs and Models: what changes after Brexit

lifang60

Dec 31, 2020
3 min

Trademarks, Designs and Models: what changes after Brexit

#trademarks #brexit #dongpartners #euipo #marchi #uk #eu #business #ip #lawyers #avvocati #international Source: vectorstock From January 1, 2021, new rules for the protection of trademarks and designs come into force, following the end of the transition period established by the withdrawal agreement between the EU and the United Kingdom of February 1, 2020.This agreement provided that EU law would continue to apply in the UK until December 31, 2020. Starting from January 1,

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lifang60

Dec 30, 2020
2 min

China’s court system

#dongpartners #court #justice #law #diritto #giustizia #lawyer #avvocati #internazionale #china Source: vectorstock China’s court system is regulated by the PRC Organic Law of the People’s Courts, enacted in 1979 and amended in 1983, 1986, 2006, and 2018. Courts in China are divided into four levels: The Supreme People's Court (SPC) (whose judges are elected or designated by the National People's Congress) High people’s court (whose judges are elected or designated by provin

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