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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 joined Baker McKenzie in January 1999. He became a local partner in the Milan office in 2004 and was elected partner in 2011. He is the Head of the Italian Employment Law Practice and is member of the Steering Committee of the EMEA Employment Practice Group. He advises clients on all aspects of labor and employment law. He regularly contributes to the employment section of the prestigious Italian business newspaper Il Sole 24 Ore.

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 Luigi Vicoli is counsel 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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