On November 4th at Milan Chamber of Labor, on the initiative of AGI Lombardia, Centro Studi Domenica Napolitano and CGIL, our partner Laura Panciroli (criminal labor law expert) will discuss together with Dr. Tiziana Siciliano (Adjunct Prosecutor at the Court of Milan) on NEW RISKS TO THE HEALTH OF WORKERS: SUBJECTS AND RESPONSIBILITIES.
Link to the conference poster: Conference November 4th
A new Artificial Intelligence module for Labor Law arises from the collaboration of the Ichino Brugnatelli e Associati firm with Lexroom.ai.
Legislation, jurisprudence and practice the contents as well as CCNLs, and INPS INAIL and AdE Circulars, for a result of 97% accuracy.
The firm’s partner Avv. Luca Daffra underlines the importance of this collaboration as an opportunity for the firm to promote a modern and constructive approach to the use of AI which, keeping experience and skills of the professional at the centre, recognizes AI as a strong and strategical tool.
Link to the communication: https://nuovo-modulo-ia-per-il-diritto-del-lavoro
Un Webinar di nove incontri, organizzato da Gruppo ODCEC Area Lavoro con Datev Koinos Srl e ODCEC Cremona, da Martedì 22 Ottobre a Giovedì 19 giugno 2025 sulle novità normative e di prassi in materia di Diritto del Lavoro dedicato a Commercialisti e loro collaboratori
L’Avv. Evangelista Basile, partner dello Studio, tra i relatori del percorso di aggiornamento
Link al modulo per l’iscrizione:
In presenza di strutture aziendali complesse la delega di funzioni esclude la riferibilità di eventi lesivi ai deleganti, solo se sono il frutto di occasionali disfunzioni. Diversamente opinando, verrebbe violato il principio del divieto di totale derogabilità della posizione di garanzia.
L’avvocato Laura Panciroli, Partner di Studio, commenta su Ambiente&Sicurezza la sentenza n. 17106 del 14 marzo 2024, Cassazione – Sezione IV penale, che ha riportato l’attenzione sul tema della delega di funzioni, spostando il focus sulla struttura aziendale di riferimento più che sulla perfezione tecnica e formale della delega stessa.
La normativa sull’impresa familiare ha carattere residuale e ha lo scopo di evitare l’attrazione nel lavoro gratuito della prestazione stabilmente resa dal soggetto legato all’imprenditore individuale da affectio maritalis: su queste basi, con Sentenza 25 luglio 2024 n. 148, la Consulta ha dichiarato l’illegittimità costituzionale della disciplina introdotta ad hoc dalla Legge Cirinnà per l’attività resa dal “convivente di fatto” nell’impresa del convivente (art. 230 ter c.c.) in quanto peggiorativa rispetto a quella prevista dall’art. 230 bis c.c. e, allo stesso tempo, ha riconosciuto come il convivente more uxorio debba essere incluso nel novero dei “famigliari” di cui al comma terzo della disposizione citata.
Il Partner di Studio Luca Daffra e l’Avvocato Marco Marzano affrontano su My Solution-Lavoro il tema dell’impresa familiare nelle coppie conviventi di fatto.
http://wwwb.mysolution.it:82/fisco/public/limpresa-familiare-nelle-coppie-conviventi-di-fatto/
La legge sull’equo compenso 49/2023 è una conquista fondamentale per garantire compenso giusto a tutte le categorie di professionisti, ordinistiche e non, verso “contraenti forti”.
L’Anac con parere Anac 101/2024 in contrasto con il Codice dei contratti sostiene che le Stazioni appaltanti possono disapplicare, mentre Tar Lazio e Tar Veneto, nel confermare la perfetta vigenza e applicabilità della Legge, sostengono che le stazioni appaltanti non hanno facoltà di disapplicazione. Infine, la Corte di Giustizia europea interviene sulla compatibilità tra “equo compenso” e principio della libera concorrenza.
L’Avvocato Andrea Musti, senior Associate di Studio e Componente Consulta CNEL Lavoro autonomo e Professioni, sarà speaker del Webinar organizzato per il 23 settembre con Il Sole 24 Ore.
Link per l’iscrizione: https://lnkd.in/dgDqsuQG
Our Salary Partner Matteo Motroni underlines what the form is expected to be for employment contracts in chemical and pharmaceutical industries. Specifically, the conditions and essential elements to be included for the work contract to be validly executed. He points out the contents that must be present in the letter of employment and the information obligations incumbent on the employer, as well as the information that can be legitimately acquired by the employer at pre-employment stage, to which the issue of the ‘criminal record certificate’ is precisely related.
Regarding the probationary period, Mr Motroni’s focus is on its form, content and cause. He also explains how the probationary period may be extended and what happens in the event of employee’s failure to pass the trial succesfully. Finallly, he reminds about term and duration of the probationary agreement in fixed-term contracts.
Furthermore, Matteo addresses the topics of professional apprenticeship contracts, temporary contracts, labour lease, and part-time employment relationships.
The NCBA (in Italian, CCNL) of 13 June 2022 for workers in the chemical, chemical-pharmaceutical, chemical fibres and abrasive, lubricants and LPG industries, between Federchimica Farmindustria and Filctem-Cgil Femca-Cisl Uiltec-Uil Ugl-Chimici Failc-Confail Fialc-Cisa is divided into 17 chapters and is updated and coordinated for the Chemical and Pharmaceutical Chemical (Industry) sector to be valid for the period 1 January 2016 – 30 June 2025.
The preamble to the contract states how the chemical-pharmaceutical industry, which is strategic in the post-pandemic period, wishes to confirm that it is a modern, participatory and effective industrial relations system, characterised by a sense of responsibility, mutual credibility and proactivity in the search for negotiating solutions that are useful for the sector and consistent with the shared guidelines.
On 23 May, our senior partner Francesco Brugnatelli took part in the welcome Gala Dinner set up for the new Chinese ambassador Jia Guide, an event that fosters a special dialogue with the members of the Italy-China ICCF Foundation. The focus is on bilateral dialogue and the development opportunities for companies in the current geopolitical scenario.
“China’s continuous expansion and openness offer opportunities to companies from all over the world,” said Ambassador Jia Guide, in his opening speech, “For the 14th consecutive year, the country was the second largest import market and the second largest consumer market in the world. China wants to open its market to the world and welcome companies from all countries that wish to establish themselves there. The fact that a record amount of foreign capital of over US$189 billion was invested in China last year also shows that the vast majority of foreign enterprises are optimistic about the country’s development prospects. China will continue to build a stable, fair and reliable business environment, offering a wide market space and cooperation opportunities for companies from all over the world, including Italy’.
‘Today more than ever it is necessary to re-establish an objective dialogue that can lead to constructive cooperation to ensure a fair balance in economic and trade relations between our two markets,’ said Mario Boselli, President of the Italy China Council Foundation in his greeting. ‘I am increasingly convinced that China is not only an essential reality for Italian companies but also a strategic base for internationalisation in other Asian markets. Italy must also be increasingly understood for Chinese companies as a direct economic partner and gateway to the European continent’.
Il Sole 24 Ore of Monday 22 May interviews legal counsel whose company clients will need to comply with the Corporate Sustainability Reporting Directive [CSRD].
As the journalist Serena Uccello points out, ‘the most important novelty comes in the future, when the number of companies that will have to draw up a sustainability report will be extended: from 1 January 2026, the obligation will apply to all companies with more than 250 employees, a turnover of more than EUR 50 million and an annual budget of at least EUR 43 million’.
The information in it concerns how natural resources are used, the environmental impact of the activity carried out, how the wealth produced is distributed and important information on employment, workers’ rights and gender equality. As regards HR management, the report is usually framed around the human rights issues that a Company holds as most salient, which may span the full value chain.
Atty Guglielmo Burragato emphasises that the governance and social aspects, of which the
protection of gender equality and diversity are important components’, fall within the area of labour law: from regulations against undeclared or underpaid work to safety measures that become
relevant to Corporate Sustainability Reporting .
It will also be up to companies to control the risk that their suppliers do not observe good sustainability practices in their production processes and in measuring their environmental, social and governance impact. This will require an investment in terms of training: ‘The prospects,’ Mr Burragato continues, ‘are important. But I must say that younger people show considerable sensitivity to these issues’.
The newspaper page with the full report is available here.
[Photo by Gerd Altmann from Pixabay].
What kinds of incentive plan are most commonly offered in Italy? Who are they offered to? Are there any limits on who can participate in an incentive plan and the extent to which they can participate? Are there any corporate governance guidelines that apply to the operation of incentive plans?
Many questions are being asked by HR managers of companies belonging to multinational groups. When it comes to the implementation of Group policies, there is not just the problem of a possible conflict with local statutory provisions. It is also important to evaluate the impact that any other practice or regulation may have on the employee incentive plans planned at group level.
The Legal 500, a brand of the publishing house Legalease specialising in legal market information, creates useful links between in-house lawyers and external consultants, HR managers and labour lawyers.
This is why The Legal 500 guides are prepared by leading law firms in each country: they provide operators with an overview of the laws and regulations in the major jurisdictions, divided by areas of practice.
The FAQs set up by The Legal 500 have been answered by Luca Daffra and Franco Tofacchi, both Senior Partners of our firm specialising in Employment Law. The answers are all included in the Italian Chapter of the Guide. Thanks to their experience, the two labour lawyers not only clarify the points submitted to them, which are common to all the countries involved. They also introduce topics not included in the grid, which no employing company can ignore when making business in Italy.
Our lawyers, in fact, are experts in those incentive plans which are usually offered to executives in Italy. However, they frequently assist company clients with employee perks and benefits planning and implementation. These incentive plans are widespread in our country and can be offered to all company associates, from managers to blue collars.
The trend to use this form of incentive has also been supported by Italian legislator, by specific provisions to incentivise the use of the so-called “corporate welfare” to support employees.
This month our Partner Laura Panciroli summarises and clarifies what are the conditions for the effectiveness of the delegation of functions in criminal labour law, in her article for the Italian journal and website Ambiente & Sicurezza.
The regulatory reference is of course Legislative Decree 81 of 2008, of which the criminal lawyer analyses in particular articles 16 and 17. Atty Laura Panciroli provides a practical guide on the subject of legislation for the prevention of accidents at work, recalling its foundation in the Constitution and its purposes, the subjects involved and possible cases.
Laura Panciroli draws attention to the employer’s obligation to supervise the delegate’s proper performance of the transferred functions, an obligation that is deemed fulfilled if the verification and control model is adopted and effectively implemented.
She then addresses the issue of the delegate’s financial autonomy, pointing out the possible situations that arise in the event of the need for timely interventions whose costs do not fall within the foreseen and allocated budget.
Finally, the author recalls the functions that the employer cannot delegate, such as the appointment of the Prevention and Protection Service Manager (RSPP) and risk assessment. The employer, however, is not obliged to perform the tasks related to these functions himself, as he/she can assign them to someone with the necessary skills. She/he nevertheless retains his/her position of guarantee.
As for the possibility of sub-delegation, this must comply with the conditions for validity and effectiveness of the first degree delegation, including the duty of supervision.
The contents are available at: www.ambientesicurezzaweb.it
Ambiente & Sicurezza offers legal updates, technical regulations and applications, presenting itself as the first integrated paper/web information system.
Criminal lawyer Laura Panciroli regularly contributes to the magazine. In her clear and concise articles, she comments on new legislation, without forgetting the main aim of clarifying operators’ doubts and offering them a practical vademecum.
All the contents of the magazine are available in the Ambiente & Sicurezza database, updated in real time.
Pietro Ichino takes part in the seminar ‘La difficile comunicazione fra sapere giuridico e sapere economico’ (The difficult communication between legal and economic knowledge) jointly organised by the Angelo Sraffa Legal Studies and Ettore Bocconi Economics Departments at Bocconi University in Milan on January 9, 2023.
Works are started by Prof. Maurizio Del Conte of Unibocconi, who is also a discussant together with Prof. Tito Boeri of the same university.
In his telegraphic editorial for the newspapers Gazzetta di Parma, l’Adige and Alto Adige, Pietro Ichino emphasises the importance of communication between jurists and economists and between the corresponding academic communities. He emphasises that ‘in reality, for the entire past century, a wall of incommunicability divided labour lawyers from economists. What was considered orthodox by the formers was considered an aberration by the latters, and vice versa. Failed dialogue between the two academic communities has caused quite a bit of damage.”
If the event organised by Unibocconi can be considered almost a pilot project in Italy, the cooperation of experts in the two different fields can remedy flaws that have damaged the labour market for decades in our country.
Prof. Ichino’s presentation, available at www.pietroichino.it, sets out the contents of the entry Labour contract (law and economics) being published in the thematic volume Labour contract of the Encyclopaedia of Law (Ed. Giuffrè).
For Eutekne’s magazine “La Consulenza del Lavoro”, senior partner Sergio Passerini delves into some of the novelties brought about by Legislative Decree No. 104 of 27.6.2022, the so-called Transparency Decree.
By this Decree, Italian lawmakers implemented Directive 2019/1152/EU of the European Parliament and of the Council into Italian law, regarding transparent and predictable working conditions in the European Union. The measure transposing the aforementioned directive affects various pre-existing national laws, with the aim of increasing the information that the employee is entitled to receive from his employer or principal at the start of the relationship and to ensure certain minimum guarantees during its course.
Many are the institutions involved and with which this decree requires to be confronted; among them is also the notice of dismissal or resignation.
The full version of the article is available online in the magazine La Consulenza del Lavoro by Eutekne; for more information: www.eutekne.it/sile.
[Photo by Nile from Pixabay].
The proceeds were donated to SVS DAD, an Association established in 1997 at Mangiagalli clinic in Milan, in parallel with Soccorso Violenza Sessuale e Domestica (Sexual and Domestic Violence Relief Unit) of Fondazione IRCCS Ca’ Granda Ospedale Maggiore Policlinico. Over the years, the Association has provided shelter to those who have suffered violence and mistreatment, legal and psychological assistance to women and minors who are victims of direct or assisted violence, and support for autonomy also through integration and connection with territorial services and study assistance.
On this occasion, our firm’s Partner, Atty Laura Panciroli, emphasised how commonplaces and stereotypes make it difficult to recognise and denounce gender-based violence. In fact, prejudices about women are still encountered in trials in which they are injured parties.
On January 27, YK Law Europe visited Ichino – Brugnatelli e Associati in Milan. Representatives from both firms discussed the growth and development of their respective practices and had a productive dialogue about opportunities for legal service collaboration between China and Italy, as well as within the EU. This will allow for better support for Chinese companies investing and operating in Italy.
The senior partner Francesco Brugnatelli also shared the 100-year history of Ichino Brugnatelli e Associati, with our Executive Director of Yingke Europe / Managing Partner of YK Law Germany 卢辉 / Hui Lu, Managing Partner of YK Law Spain Steve Chaoyan, and Managing Partner of YK Law France Chuanjuan ZHUANG.