De Luca & Partners Law Firm, founded in 1976, has unique experience in Employment Law and provides daily advice, assistance and representation in legal proceedings to national and multinational companies from a wide range of sectors.
Today, as almost 50 years ago, the decision to prioritise Employment Law constitutes a central point of the Firm’s development strategy.
De Luca & Partners’ professionals provide assistance and advice on all ordinary employment activities, in accordance with business and individual Client needs.
Specifically, De Luca & Partners’ professionals assist Clients in various areas:
Since its foundation, and thanks to the founder’s specific skills and those of the Team, the Firm has been regularly involved in the reorganisation and restructuring of companies and directly involved in related industrial relations, providing regular assistance and advice to national and international Clients on all aspects related to restructuring procedures.
Furthermore, De Luca & Partners’ professionals deal with critical moments in business life in the field of employment law, offering their assistance in disciplinary proceedings, individual and collective transfers, changes to roles or other conditions of the employment relationship, as well as individual and collective dismissals and any other form of termination of the relationship. De Luca & Partners’ professionals also offer advice on the grant or transfer of a company or sale of a business unit.
The Firm supports client companies in the preparation of corporate policies and regulations: both those of a more traditional nature, such as those relating to disciplinary issues, and those that are more innovative, such as regulations on remote working.
The Firm also works closely with several corporate law firms, private equity firms and investment funds with which it is typically involved in the management of civil and employment law aspects in M&A and corporate restructuring transactions.
The Firm’s Partners and Associates are always committed to achieving the Clients’ objectives, avoiding litigation where appropriate.
In any case, representation in legal proceedings is a particular area of expertise of the Firm.
In providing its services, De Luca & Partners always adopts a tailor-made approach, seeking the best solution for its Clients’ needs and explaining the rules of Italian employment law in a clear and simple way.
“The employer cannot access the employee’s or collaborator’s e-mail or use software to store a copy of the messages. Such processing of personal data not only constitutes a breach of the data protection laws but also amounts to an unlawful control activity over the employee”. This has been stated by the Italian Data Protection Authority, ....
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The Court of Cassation, by its decision no. 23858 of 5 September 2024, confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying out other activities during sick leave, the employer bears the burden of proof that the illness is simulated or that the activities carried out during the days ....
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The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period of illness, participated in a football tournament already scheduled, thereby breaching his obligations of diligence, loyalty and fairness, thus jeopardising his recovery or return to work. The ....
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The Court of Appeal of Milan, in its judgment no. 470/2024, again addressed the issue of whether the income from the sale of stock options may be included in the remuneration for the purposes of calculating notice and severance pay. The Court ruled that, in the present case, the income from the stock options was ....
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The firm assisted the Client in the dismissal of its General Manager and his removal from the office of Managing Director. The Firm also assisted the Company in the attempt to reach an out-of-court settlement following the executive’s appeal. The Firm was later instructed to assist the Company in the proceeding brought by the executive ....
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The firm assisted the Client in the process aimed at terminating the employment relationships with its former general manager. The Firm analyzed the feasibility of the dismissal for objective reasons of the manager, identified the risk areas and the possible solutions aimed at reducing the impact on the Client. In this respect, the Firm also ....
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Preparing the master contract and the implementing documentation associated with the relationship between companies of the group at global level (Germany, USA, Asia, etc.), drafting service agreements and, where appropriate, agreements relating to the secondment of executives as part of the combined management of intercompany services, including interaction with the legal affairs offices of the ....
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