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Chi Siamo
Portolano Cavallo concentra la propria attività nel settore TMT sin dalla sua nascita nel 2001 ed è ora riconosciuto come lo studio legale italiano leader in questo settore.
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Lo Studio
Portolano Cavallo Studio Legale was founded in 2001 by partners Manuela Cavallo and Francesco Portolano. The firm’s activity is mainly focused on the corporate/M&A sector and the media industry.
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Eng / Ita

Articoli della categoria “Labour and Employment”

Apr 11

Permanent establishment: to be or not to be, that is the question

Recent case law Permanent establishment Applicable law Recent case law A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy. The DPL alleged that the airline had hired 650… continua

Articolo inserito in: Labour and Employment, Start up, Tax
Mar 31

When is disciplinary code necessary?

Legislation on disciplinary codes Case study: dismissal by employer without a disciplinary code Supreme Court decision Practical suggestions Legislation on disciplinary codes An employer’s power of direction over its employees is recognised in Article 2106 of the Civil Code and Article 7 of the Statue of Workers (Law 300/1970), providing substantial and procedural limits to… continua

Articolo inserito in: Labour and Employment, Start up
Mar 12

Services contract: the client is not exempt from liabilities on health and safety of contractor’s employees

Background Recent Supreme Court case law Conclusion Background According to Article 26 of Legislative Decree no. 81 of April 9, 2008, as amended by Legislative Decree no. 106 of August 3, 2009 (“Testo Unico sulla Sicurezza sul Lavoro”) the client is the main responsible for the safety of all the employees, including those of the… continua

Articolo inserito in: Labour and Employment, Start up
Mar 7

Ex post defensive monitoring of email and protection of employer’s assets

Remote and defensive monitoring The case of the dismissed bank employee Supreme Court decision on defensive monitoring Practical consequences Remote and defensive monitoring As described in our previous article (“Italy: Remote monitoring and defensive monitoring of employees in the internet age”, published in October 2010), Article 4 of Law 300/1970 – known as the Statute… continua

Articolo inserito in: Labour and Employment, Start up
Mar 6

Service Contracts: criteria for ‘genuine’ contracts

Focus on service contracts Recent Labor Court Decision and identification of genuine contracts Minister of Employment order Comment  Focus on service contracts The increasingly common use of outsourcing has resulted in the Italian labour courts paying closer attention to the provisions of service contracts and, in particular, to the criteria for identifying such a contract… continua

Articolo inserito in: Labour and Employment
Feb 8

Group of Companies: Recent Supreme Court Decision

Recent case In Decision 25270, which was issued on November 29 2011, the Labour Section of the Supreme Court ruled on the status of parent companies in the employment relationships of their subsidiaries’ employees. The court stated that if a parent company effectively interferes itself in the management of such relationships, it is deemed to… continua

Articolo inserito in: Labour and Employment