Renato Scorcelli’s Publications

D&L Rivista Critica di Diritto del Lavoro

"The impact on the employee’s entitlement to severance pay (trattamento di fine rapporto) of the contributions paid by the employer to pension funds" comment on Supreme Court, Labour Section, 30.09.11 no. 20105

"Again on post employment restrictive covenants" comment on Milan Labour Court 25.03.11.

"When the employer can challenge the employee’s abuse of sickness leaves" comment on Bergamo Labour Court, 13.03.11

"The protection set forth in favour of executives by the applicable National Collective Agreements in the event of change of the executives’ position", comment on Monza Labour Court, 03.05.10

"Employment law and discrimination on the ground of sex", comment on Milan Labour Court, 15.12.09

"Social security treatment of the consideration paid to an employee for post employment obligation non to compete", comment on Supreme Court, Labour Section, 15.07.09 no. 16489

"Maternity and paternity rights and exemption from nightshift for personnel of the civil aviation", comment on Busto Arsizio Labour Court, 16.09.09 and 18.05.09, 2009

"The employee’s behaviour during his absence from work due to sickness", comment to Supreme Court, Labour Section, 21.04.09 no. 9474, 2009

"Non competition agreement and payment of the relevant consideration during the course of employment", comment on Milan Labour Court 04.03.09 and Milan Labour Court 12.11.08, 2009

"Sums paid to an employee on account of image damages and damages for loss of professionalism are not subject to income taxation", comment on Supreme Court, Section V, 9.12.08 no. 28887, 2008

"The differential tax treatment based on sex of employees of sums paid on account of inducement to the early termination of employment is unlawful" comment to Bari Tax Court 22.09.08 no. 125, 2008

"Supreme Court rules again on termination indemnity for commercial agency contracts and the view of the European Court of Justice", comment on Supreme Court, Labour Section, 3.10.06 no. 21309, 2007

"Employer’s authority to control and work place monitoring", comment on Supreme Court, Labour Section, 17.07.2007 no. 15892, 2007

"On certain issue on employees’ obligations not to compete", comment on Milan Labour Court, 30.05.07, 2007

"The Supreme Court comes back to the termination indemnity of the commercial agency contracts after the judgement of the European Court of Justice", comment on Supreme Court, Labour Section, 03.10.06 no. 21309, 2007

"Article 1751 Civil Code and collective agreements: the Court of Justice clarifies", comment on European Court of Justice 23.03.06, 2006

"About reliefs for the engagements of employees on ’mobility’", comment on Supreme Court, Labour Section, 14.06.2006 no. 13712, 2006

"On the case law concerning the groundness of the termination of an executive for organizational reasons", comment on Bergamo Labour Court, 25.7.2006, 2006

"Tax aspects of the settlements of labour disputes", 2005

"Once again on bullying", comment on Turin Court of Appeal 25.10.2004, 2005

"The inventions of the employee, the Law Decree 10/02/05 no. 302 and the farewell to the fair award", comment on Milan Labour Court 07.05.2005, 2005

"Work on project agreement and non competition covenant", 2004

"Termination indemnity of the commercial agency contracts and collective agreements: an intervention by the European Court of Justice", comment on Supreme Court, Labour Section, 18.10.2004, no. 20410, 2004

"Intermittent employment and shared employment", 2003

"Supplementary pension schemes and the right to the recover of the individual position", comment on Supreme Court, Labour Section., 11.12.2002, no. 17657, 2003

"Commercial agency contracts and non competition covenant", comment on Milan Labour Court 23.05.2003, 2003

"Use of the company’s electronic data system and controls made by the employer", 2002

"Once again on article 1751 of the Civil Code and on the lawfulness of the so called ’bridge collective agreements’", comment on Milan Court of Appeal 03.07.2001, 2002

"Once again on the withdrawal of the employer during the trial period", comment on Milan Labour Court 11.11.2000, 2001

"The update of pension entitlements provided for by supplementary pension schemes", comment on Supreme Court, Labour Section, 21.2.2001, no. 2570, 2001

"Recent amendments to the provisions of the Civil Code concerning the commercial agency contract", 2000

"A case of direct application of EU directives and the end of the so called ’unlawful agent’, comment on Supreme Court, Labour Section, 18.05.1999, no. 4817, 1999

"Once again on corporate link between companies", comment on Milan Labour Court 19.01.1998

"Employee on sick leave and the right to the salary in case of strike", comment on Supreme Court Labour Section, 09.04.1998, no. 3691, 1998

"The transfer of undertakings of great companies in crisis and the EU directive on the preservation of the rights of the employees in case of transfer of undertaking", comment on European Court of Justice 07.12.1995, 1996

"Commercial agency contract and employment relationship", comment on Turin Labour Court 07.12.1995, 1996

"Transfer of the employee due to work environment incompatibility", comment on Parma Labour Court 30.03.1995, 1995

"Part time work and the rights of the part time worker to be hired with priority in case of full time hirings", comment on Siracusa Labour Court 05.12.1994, 1995

"Verification of the autonomous or subordinate nature of the employment relationship and importance of the contractual will of the parties", comment on Pistoia Labour Court 14.01.1995, 1995

"Employee’s entitlements in the event of employer’s unlawful decision to promote him", comment on Lucca Labour Court 26.10.1994, 1995

"Transfer of the employee appointed to a public office", comment on Parma Labour Court 19.05.1995, 1995

"(Tobacco) smoking at the work place", comment on Turin Labour Court 07.03.1995, 1995

"Certain issues concerning employee’s waivers and settlements", comment on Verona Labour Court 21.12.1994, 1995

"Collaborators of the contractors and the assignment of credit to the principal", comment on Rome Labour Court, 28.12.1993, 1994

"Unemployment benefit (so-called Cassa integrazione guadagni straordinaria) and employer’s duty of information on criteria for dismissal and rotation of the employees", comment on Milan Labour Court, April 26, 2012

Il lavoro nella giurisprudenza (IPSOA)

"The tax treatment of the supplementary indemnity", article, 2010

Guida alle Paghe (IPSOA)

"Employee’s sickness occurred during the procedure for dismissal for objective reasons", article, 2013

"How to enforce post-employment restrictive covenants and to detect the employee’s fullfillment of his obligation", article, 2012

"Again on the non-competition covenants" comment on Milan Labour Court 25.03.11.

"When the employer can challenge the employee’s abuse of sickness leaves" comment on Bergamo Labour Court, 13.03.11

"The breach of the employer’s undertaking to hire an employee", article, 2009

"Employee’s resignation from fix term contracts of employment and damages due to the employer", article 2008

"Employment disputes and the risks for the employer after Jobs Act", paper, 2015

How to prove health damage, paper, 2014

Disciplinary powers of the employer in the event of employee’s breach of safety provisions, paper, 2014

"Employee’s sickness occurred during the procedure for dismissal for objective reasons", paper, 2013

"How to enforce post-employment restrictive covenants and to detect the employee’s fulfilment of his obligation", paper, 2012

IL SOLE 24 ORE – PLUSPLUS 24 LAVORO)

"Smart working and employees monitoring", paper, 2015

IPSOA

"Dismissals: news and practices", Collana Percorso Lavoro, Milan, 2014, handbook

HUMAN RESOURCES MANAGEMENT

"News on self-employment and para-subordinato", paper, 2013

AIDP (ITALIAN ASSOCIATION OF HUMAN RESOURCES MANAGERS) - NEWSLETTER

"The Foodora case and the coordinated and ongoing collaborations pursuant to Section 2 Legislative Decree no. 81/2015", Employment Newsletter, March 2018

"Limits to the employer’s powers of control and work place monitoring", Employment Newsletter, October 2015, paper

"Jobs Act: news on self-employment and collaborators", Employment Newsletter, 2015, paperr

LA LENTE SUL FISCO – PROFESSIONAL ON–LINE UPDATING

"Self-employment under old and new perspective", Employment Special Edition, No. 01/2016, paper

PARKS ASSOCIATION

"Law Cirinnà and employers: user’s manual of Law 76/2016" (edited by Hogan Lovells, Lexellent and Scorcelli, Rosa & Partners), September 2016

LA CONSULENZA DEL LAVORO – EMPLOYMENT AND PENSION LAW UPDATE JOURNAL

"Statute of limitation of the employees’ rights after the dismissal’s reform", Law and Management of the Employment, Eutekne, 2019

"Transfer of the individual employment contract. A civil, judicial and a social security contribution’s analysis", Law and Management of the Employment, Eutekne, September 2018

"Abuse of permits for disabled relatives provided by Law no. 104/92: employer’s possible defenses and controls", Law and Management of the Employment, Eutekne, March 2018

"Probationary period: features, repetition and fixed term contract issues", Law and Management of the Employment, Eutekne, February 2017, vol. 2

INTERNATIONAL EMPLOYMENT UPDATE (OGLETREE DEAKINS)

"New Whistleblower Protection Requirements", in Ogletree Deakins International Employment Update, ottobre 2018

"New Protections for Self-employed Individuals", in Ogletree Deakins International Employment Update, marzo 2018

"New "Smart Working" Rules to Reflect Modern Flexible Working Arrangements", in Ogletree Deakins International Employment Update, marzo 2018

PAGINA PRECEDENTE