Hr Legal Bari

“Excellent and up-to-date knowledge of national labour law. May compare national legal requirements or measures with international requirements or measures. Excellent and modern communication skills and style. Very efficient and secure in the management of legal proceedings. The legal acts and regulations of the European Community, as well as the judgments of the Court of Justice of the European Communities, are directly applicable in the Italian legal order. The Constitutional Court has ruled that equality is also a fundamental right of foreigners. For citizens of the countries of the European Union, Article 48 of the EEC Treaty eliminates all discrimination in matters of employment, remuneration and other conditions of employment. Law No. 40 of 6 March 1998 reaffirms equality between other foreign workers legally resident in Italy and Italian workers. Article 39 of the Constitution regulates trade unions and stipulates that only registered trade unions have legal status and can validate collective agreements erga omnes (for all employers and employees).

However, this provision has not been implemented because a bill regulating the registration of trade unions has never been adopted. Therefore, trade unions in Italy do not need recognition and can organize without a predetermined legal model. They may enter into legally enforceable collective agreements under civil law, i.e. provided that the parties to the collective agreement have agreed on behalf of their respective members. As a general rule, employers respect the collective agreements of the main trade unions and employers` associations and pay wages accordingly to all their employees. There are no specific rules in the Italian legal system. If the employer locks out the employees, he breaks the employment contract and must pay the wages. However, according to case law, there is no offence if the lockout is a consequence of a workers` strike and the industry is unable to continue production. The Italian Constitution (art. 3) provides for the equality of all citizens before the law without distinction as to sex, race, language, religion, political opinion, personal and social status.

This is a fundamental concept of the Italian legal system. Italy has also ratified the International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966, National Law 881, 25 October 1977). The Workers` Statute (Act No. 300 of 20. May 1970) declares null and void any agreement or act of the employer which constitutes discrimination on grounds of sex, race, language, religion or political opinion (§ 15). Equality between men and women at work is expressly recognized and guaranteed by Law No. 903 of 9 December 1977. Act No. 125 of 10 April 1991 provides for positive measures to promote genuine equality of opportunity for women in and during employment. Act No. 604 of 15 July 1966 prohibits dismissal on discriminatory grounds such as political and trade union opinions, religion and participation in trade union activities (§ 4).

Law No. 108 of 11. May 1990 annulled the dismissal on discriminatory grounds such as race, sex, language, political and trade union opinions, religion and still demanded the reinstatement of the dismissed employee. “The most important strengths are technical and legal skills, in-depth knowledge of certain industries (e.g. insurance) and quality of service. Ranieri Romani has deep expertise, industry knowledge, precision and business acumen. All laws must be approved by both houses; But some less important laws can be approved by committees of both houses, not by plenaries. In accordance with article 10 of the Constitution, the Italian legal order conforms to the generally recognized principles of international law. Treaties must be ratified by Parliament.

“Comprehensive and high-performance knowledge in the areas of restructuring and processes. Very strong in the preparation of legal opinions that take into account the business context and any external factors that may affect the outcome of the transaction. “Very high level of legal advice, availability and willingness to provide solutions even in difficult scenarios. “Building a relationship with lawyers so they have a deep understanding of internal policies and procedures, as well as culture, saves time when faced with legal support. Ranieri Romani has proven experience in restructuring, mergers and acquisitions and day-to-day labour relations. “His strengths include empathy, problem solving, strategic vision, professionalism, legal knowledge and client focus. “Quick and accurate answers to all questions. The team is used to working with large multinational companies and is very knowledgeable about international issues. They are very good at explaining to foreign investors the peculiarities of the Italian legal system. They understand the needs of the business and their support is always well aligned with the agreed goals. Impressive quality of service. Unions are free to negotiate collective agreements at the provincial, regional and national levels. Trade union security clauses such as Union Shop, Closed Shop, etc.

are unknown in the Italian legal system. Under article 17 of Law 936/86, which reorganized the National Economic and Labour Council (CNEL), collective agreements and collective agreements must be registered with the CNEL within 30 days of their conclusion. So-called economic agreements are agreements covering certain categories of self-employed workers (e.g. commercial agents, certain doctors working for the National Health Service, etc., also known as lavoratori parasubordinati). Other unlawful forms of discrimination are discrimination on the basis of AIDS (Act No. 135 of 5 June 1990), age discrimination (article 37 of the Constitution) and discrimination on grounds of disability (Act No. 104 of 5 February 1992). According to case law, a number of measures have been characterized by employers as anti-union behaviour and are therefore prohibited. These include the dismissal of strikers; hiring third parties to replace strikers; reprisals against workers who carry out lawful strikes; lack of information to trade unions on collectively agreed issues; direct negotiations with workers, bypassing trade unions; Violation of legally established trade union rights, e.g.

no reservation of a room for trade union meetings inside the factory; Do not allow the union to have a board of directors that publishes union information, interferes in union proselytism, etc. “Legance is a very strong legal partner. They are usually very responsive, speak perfect English and can provide timely support. Article 28 of Law No. 300 of 1970 (Workers` Statute) provides that, whenever the employer engages in conduct aimed at hindering or restricting the exercise of freedom of association and trade union activities or the right to strike, the competent local bodies of national trade unions may require the judge (in whose jurisdiction the anti-union conduct complained of took place) to order the employer to cease his unlawful conduct and to remedy to the situation. any complaint or its effects. Most categories of employees (around 95%) in Italy are covered by a collective agreement. However, this does not mean that collective agreements actually cover 95% of all employment contracts, as they only bind the parties who signed the contract, as well as employers and employees legally represented by these parties under the provisions of the Civil Code (i.e. they apply only to members of the signatory organizations of the agreement).