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Key Takeaways

  1. NEW LAWS AND REGULATIONS
    1. A new protocol on safety measures at the workplace and a new protocol for the implementation of the vaccination campaign at the workplaces have been signed
  2. CASE LAW DEVELOPMENTS
    1. Transfer of ongoing concern: employees’ base salary cannot be reduced
    2. Dismissal for cause: unlawful when grounded on the employees’ refusal to obtain specific licenses
    3. The assessment of the functional autonomy requirement in case of transfer of ongoing concern
    4. Settlement agreements: formal appointment to the unions is required

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Author

Massimiliano (Max) Biolchini heads the Employment practice of Baker McKenzie Italy and is a member of the steering committee of the EMEA practice group. He joined Baker McKenzie in January 1999. He became local partner in the Milan office in 2004 and partner in 2011. His practice spans all areas of labor and employment advice, commercial agency and employment litigation.

Author

Uberto Percivalle is a partner in the Firm’s Milan office, where he has practiced since 1990. He focuses on employment law.

Author

Antonio Vicoli is a partner in the Employment & Compensation Practice Group of Baker McKenzie Italian offices. He is a multilingual lawyer with English proficiency. Antonio is professionally qualified under the laws of Italy and admitted to practice in Italy, enrolled with the Lawyers’ Bar of Milan.

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