DE LUCA & PARTNERS: INDEPENDENT EMPLOYMENT LAWYERS FOR BUSINESS. BASED IN MILAN, COVERING ALL OF ITALY

De Luca & Partners Law Firm has been a point of reference in employment law for companies for almost 50 years.

Through its team of lawyers who are experts in employment law, De Luca & Partners provides 360-degree consultancy and assistance on all issues relating to employment relationships, from the negotiation and drafting phase of employment contracts to the amendment and termination of the relevant employment relationship, as well as on health and safety at work, agency rights, corporate administrative liability (Italian Legislative Decree no. 231/01) and privacy.

Specifically, De Luca & Partners’ employment lawyers provide legal assistance in various areas such as:

• preparation of para-subordinate/self-employed work contracts and management of the related relationship from its establishment to its termination;
• preparation of employment contracts for each category of employee (worker, clerk, manager and executive) and of particular clauses (e.g. non-competition agreement and stability pact);
• drafting of (i) stock option plans, MBOs, other forms of incentive and retention as well as (ii) corporate welfare plans;
• interpretation and application of relevant current legislation and the collective agreements applied;
• management and resolution of all problems related to agency work, providing support to both the supply companies and the user companies;
• management of transfer procedures, secondment, amendment of tasks and levels, remote working;
• preparation of non-competition agreements, retention clauses, garden leave; golden parachutes, and stock option plans for top managers;
• preparation of company policies and regulations, ethical and disciplinary codes, whistleblowing procedures etc.;
• management of both individual and collective employment disputes at all levels of legal proceedings and before all civil and administrative jurisdictions;
• preparation of agency contracts;
• assistance in occupational health and safety under Italian Legislative Decree no. 81/2008.

Furthermore, for over 45 years, the Law Firm has dealt with every aspect relating to employment and trade union law for companies, providing legal assistance in their restructuring and reorganisation.

CONSULTANCY AND ASSISTANCE IN THE MANAGEMENT OF EMPLOYMENT RELATIONSHIPS

In recent years, De Luca & Partners has been a key-player alongside companies in the most significant personnel reorganisations that have taken place in Italy. In all cases agreement has been reached with the unions and no disputes have arisen with any worker involved.

In particular, De Luca & Partners offer full-service legal assistance to national and international groups and companies on all aspects related to corporate reorganisation procedures, such as:

• strategic conception and implementation of downsizing and corporate reorganisation processes;
• collective redundancies, restructuring;
• social security cushions (Ordinary Wage Guarantee Fund (Cassa Integrazione Guadagni Ordinaria, ‘CIGO’), Extraordinary Wage Guarantee Fund (Cassa Integrazione Guadagni Straordinaria, ‘CIGS’), solidarity contracts, etc…);
• collective transfers of personnel and outsourcing;
• transfers of companies and business branches, harmonisation contracts, mergers, demergers and acquisitions;
• corporate crisis management and insolvency procedures;
• management of strategic relationships with Trade unions and Public bodies (Italian Ministry of Employment, Italian Regions, etc.);
• formalisation of procedures;
• management of internal and external strategic communication in reorganisation and restructuring processes.

EMPLOYMENT LAW EXPERTS IN INTERNATIONAL EMPLOYMENT LAW AND IMMIGRATION LAW

De Luca & Partners’ practice areas also include immigration law; compliance with international employment legislation has always been at the heart of De Luca & Partners’ consulting and assistance. De Luca & Partners assists its clients in the various complex stages of placing a worker in another country, assisting individuals from the moment of the request for access to a foreign country as well as employers on secondments and transfers to and from abroad.

In particular, the lawyers at De Luca & Partners advise on the following activities:

• management of secondments to/from abroad;
• drafting of secondment agreements and secondment letters from Italy and abroad;
• compliance with obligations relating to the management of expatriates from Italy to abroad and from abroad to Italy with the various competent authorities and bodies;
• obtaining the necessary permits for the entry and work of non-EU employees, specialised personnel and senior executives.

In providing their consultancy and assistance, the De Luca & Partners’ employment lawyers always adopt a tailor-made approach, seeking the best solution in relation to their Clients’ needs and clearly and simply explaining the rules of employment law.