Six companies are the finalists of the Excellence & Innovation HR Award, the award promoted by De Luca & Partners that will be presented during an event scheduled for the evening of 27 November at Palazzo Giureconsulti in Milan. On this occasion, the companies will have the opportunity to present their projects and to discuss the main trends in the field of HR and the world of work. The award, at its first edition, is intended for businesses operating in Italy and is aimed at encouraging reflection on the best practices in the world of work and the management of human resources, showcasing outstanding operations that give real momentum to a company, by promoting competitiveness and productivity, while at the same time fostering social cohesion, conflict resolution and, more generally, the well-being both of people and of the national economy” said Vittorio De Luca, Managing Partner of De Luca & Partners, a law firm active in legal consultancy and assistance in the field of labour law, industrial relations and agency law. “As business consultants, we are often called to resolve company internal disputes, in some cases even extremely difficult. However, there are projects that usually go unnoticed despite the fact that they create great value, allowing dispute prevention and creating cohesion within the organizations.” The Jury, made up of 8 experts in human resources and corporate social responsibility, identified six finalist companies. For the listed companies: American Express, FCA and Rai Way. For the non-listed companies: AFV Acciaierie Beltrame, Bricoman Italia and Farco Group. The scenario resulting from the projects submitted by the candidates confirms the great attention that companies pay to strategic issues for development, such as second-level negotiation, company welfare, training and all initiatives that generally promote the well-being of employees at work. “The real innovation is not only the technological one, but also an organisational one that facilitates change management, by involving employees in a transparent relationship that reconciles development and well-being, based not only on the result but also on the sharing of value (and of sacrifices when it is time to make them) and on trust as the “glue” of all stakeholders. In this sense, the Italian way of doing business has a wealth of tales of excellence and has much to teach abroad.”

From the smart working extended also to the call center operators of American Express to favour the balance between private and professional life, to the interactive training platform that FCA Group made available to thousands of employees in 13 countries in the world to help promote skill building. From Rai Way’s creation of a new professional figure – the multiskilled technician – and establishing a “time bonus” (additional paid leave hours for the best fixed-term employees), to the initiative agreed upon by AFV Acciaierie Beltrame and the trade unions for the redistribution of the value created by employees who had accepted the relaunch plan to help the company emerge from the crisis. From the sharing of results even with participation in stock ownership plans and welfare services promoted by Bricoman Italia, to the integrated welfare system offered by Farco Group. These are six finalist projects (three for the listed companies category and three for the unlisted category) for the Excellence & Innovation HR Award promoted by the law firm De Luca & Partners. The Award is intended for businesses operating in Italy, with the goal of disseminating the best practices in the world of work and in the HR management sector. The two winners, selected by a jury, will be announced on Tuesday, 27 November, during an event at Palazzo Giureconsulti in Milan, based on criteria such as the ability to encourage competitiveness and productivity, promoting social cohesion and the resolution of disputes, pursue the development and the wellbeing of individuals, the breadth of vision and scope, and inclusiveness. “We would like to promote a reflection on the inspiring principles of the best initiatives, that were able to combine competitiveness with the wellbeing of the business and the individuals that work in it”, stated Vittorio De Luca, managing partner of the law firm.

 

The central theme discussed by several different speakers focused on the importance to attract investments in our Country, and in particular foreign capitals and investments in the Lombardy region.

Attorney Vittorio De Luca, Managing Partner of the Law Firm De Luca & Partners, provided his expertise by discussing the issues surrounding labour law regulations that foreign investors must face when starting up or developing business in Italy.

In this sense, Attorney De Luca highlighted how often issues such as lack of efficiency and instability in the legal system may represent a deterrent when a foreign company is trying to decide whether to invest in Italy or not.

The speech by Attorney De Luca has, among other aspects, focused on the latest reforms (the so-called Fornero Reform and the Jobs Act) which share a positive matrix towards a modern, foreseeable, clear and stable system and that for these reasons is more attractive to foreigners.

Beyond individual examples and individual reforms, an aspect that Attorney De Luca wanted to highlight was related to the importance of a consistent country-wide system working together and in which everyone is an “ambassador for Italy”.
The importance to highlight all the positive aspects that are specifically applicable to Italy, focusing on the progress and novelties that may make it an attractive country for foreign investments must be the goal of all; a goal to pursue with determination in order to fight off the “significant prejudices surrounding our Country”.

Law no. 96 dated 9 August 2018, with amendments, converting Law Decree no. 87, dated 12 July 2018 (the so-called “Dignity Decree”), reintroduced in the Italian legislation the offence of fraudulent staff leasing. It is a type of offence that was originally included in Legislative Decree 276/2003 and later repealed by the Jobs Act. More specifically, it has been established that, without prejudice to the penalties set out in article 18 of Legislative Decree 276/2003, the staff leasing company and the user must be punished with a fine of EUR 20 for each worker and for each day of staff leasing whenever said staff leasing takes place with the specific purpose of circumventing mandatory laws or any collective bargaining agreement applied to the worker leased. Therefore, it is an actual multi-individual offence, which is combined – due to the protected juridical asset – to the offence established by article 603 bis of the Criminal Code, the so-called “caporalato” [illegal recruitment]. Consequently, the penalties in question, taking place as a mere danger offence, may be deemed occurred any time the exclusive purpose of the action undertaken by the active participants is proven, independently of the event to which said conduct will lead. Considering the preceptive magnitude of the regulation, the Companies shall include in their Organizational, Management and Control Models, specific protections so as to avoid those situations that may lead to the above-described offence.

With a recent order (no. 24118 of 3 October 2018, the Court of Cassation has once again voiced its opinion on the lawfulness or unlawfulness of the refusal of a worker to comply with the employer’s request to perform lower rank duties than those to which he/she is entitled.
The dispute started with the request made to a woman cook employed in a school to distribute meals after preparation. Having disregarded the request and refused to carry out the duties deemed lower, the employee, following a few disciplinary actions short of termination, was dismissed and appealed to the judges in charge to obtain annulment of the dismissal, in addition to the disciplinary actions.
Following annulment of dismissal in both lower courts, the employer filed an appeal before the Court of Cassation, claiming that the provisions regulating (i) the position of hierarchical superiority of the employer in respect of the employees (Article 2086, Italian Civil Code), (ii) the diligence due by the workers (Article 2104, Italian Civil Code) and finally (iii) the freedom of private economic initiatives (Article 41, Italian Constitution) had been violated and misapplied.
Indeed, the defence arguments were based on the assumption that the principles by virtue of which a worker cannot refuse to perform a duty required – unless following the institution of legal proceedings seeking and obtaining «that the worker’s duties be related to his/her professional qualification» – had been erroneously misapplied.
The Court of Cassation accepted the employer’s appeal, confirming that a worker’s refusal to comply with the duties required is justified only if it is proportionate and in line with the principle of good faith, in the light of a general evaluation of the behaviour of both parties (see, inter alia, Court of Cassation, no. 12001/2003).
More specifically, the Court of Cassation ruled by accurately describing the residual nature of the refusal to carry out lower duties (so-called non-fulfilment exception); only if the employer’s non-fulfilment is so serious that it affects in an irreparable manner the vital needs of a worker, or exposes the worker to a criminal liability involved in the performance of the different duties, can a worker’s refusal be considered legitimate (see, inter alia, Court of Cassation no. 836/2018, Court of Cassation no. 12696/2012 and Court of Cassation no. 25313/2007).

 

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