The termination served by the employer following the refusal by the employee to change his/her working time (from part-time to full-time and vice versa) cannot be an automatic consequence of such refusal. To be legitimate, the dismissal shall be grounded on effective economic and organizational needs not allowing the maintenance of the previous working time schedule. Is It Feasible to Lawfully Dismiss the Employee Who Refuses to Change His/Her Working Time? With judgement no. 30093 of 30 October 2023, the...Leggi tutto
The winners of the 17th TopLegal Awards, which were presented during the awards cerimony dinner of 21 November 2023 at the East End Studios in Milan, are now online. Zambelli & Partners has been awarded as “Firm of the Year” for “Labour Litigation” practice. The reasons of the jury: “Zambelli & Partners provided assistance to two major Italian companies in the delicate issue of difference in salary brought by employees in various Courts in Italy. It impressed the entire jury...Leggi tutto
The sixth edition of the International HR Legal Day 2023 will be held on Monday 20 November 2023 from 9 a.m. to 4 p.m. in Copenhagen. The event, hosted by IUNO Law, will be a unique opportunity for companies to have 1:1 meetings with HR lawyers from all over the world. Angelo Zambelli will attend the event both as an HR lawyer covering the Italian jurisdicition among other European colleagues, and as a speaker in the seminar “Performance management and...Leggi tutto
According to case law references, the company that determines to cease its food delivery on the national territory, notifying riders the termination of such activity, even if subject to a collaboration contract, commits anti-union conduct. This is due to the qualification of riders as subordinate employees, which within this context involves the application of rules on collective layoffs for the shutting down of businesses by large companies and on mass dismissals. Italian Case Law Confirms the Subordinate Nature of the...Leggi tutto
The article below is an extract from Lexology’s interview with Angelo Zambelli on Remote Working in Italy for the Lexology GTDT: Market Intelligence 2023. The Guide provides a unique perspective on evolving legal and regulatory landscapes in major jurisdiction around the world. Italy: Remote Working 1 What are the most consequential issues that an employer should consider when determining its post-covid-19 remote work policies? Remote working, also defined under Italian law as ‘smart working’ or ‘agile work’, was conceived by the Italian...Leggi tutto
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