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For years , Tonucci & Partners has assisted Clients (natural persons, corporations,
institutions) in resolving labor related issues with reference to the labor discipline
evolution, the growth of the so called para-subordinate employment, the reform
of employment agencies and Public Employment, the introduction of new legitimate
intermediation forms, and the internationalization of human resources.
The "Employment and Immigration Department" handles labor issues
and advises on synergic projects of organizational development and human resources
management.
The Department guarantees companies operating in any production sector with
high quality advice for standard services, providing, when necessary, customized
assistance in planning and implementing management and normative operations
more consistent with company's goals.
The Firm's experience covers corporate acquisitions and restructuring,
privatization of entities with conversion of the employment agreements from
public to ordinary regime, start-up and closing-down of activities involving
huge labor force, industrial relations with labor unions and also judicial
activity in favor of public entities and private companies of any sector, often
of a transnational character.
With reference to dismissal and restructuring, the Firm's assistance
provided in the past few years on labor mobility procedures connected to CIGS
and CIGO and mutual procedures, even involving the closing-down of plants in
Lazio, Lombardy, Veneto, Emilia Romagna, Sicily, Calabria and Campania is of
note.
The firm has gained a wide experience in advising leading U.S, French, German
and U.K. companies with respect to the labor law implications of their start-up
operations in Italy. In this respect, the firm has:
- Provided assistance to companies requiring working visa on behalf of
their employees.
- Provided general assistance with reference to the Italian legal labor
market environment.
- Provided assistance in transferring abroad and mobility of Italian
and foreign employees.
- Reviewed and amended company business plans.
- Drafted stock options plans and MBO plans.
- Drafted the Italian branch/subsidiary personnel manuals consistent
with the parent company's worldwide policies and domestic regulations.
- Drafted individual work contracts for executives, employees and consultants.
The
firm also frequently assists Italian and foreign companies with:
- Retirement plan evaluations (a factor affecting operational costs and
the possibility to access welfare support provisions).
- Choosing the applicable CCNL (National Collective Labor Contract).
- Drafting individual employment contracts (or, when possible, free lance
contracts) for assistants, technicians, editorial, administrative and sales
staff; with special reference to confidentiality and "non competition" aspects
even after the termination of employment etc..
- Agreements on transfer of intellectual property and image rights
of company's
collaborators (employed or self employed).
- Implementation of the discipline concerning intra-group or overseas
personnel leave.
- Drafting and revision of "bonus plans", also for international
Groups of companies.
- Collective bargaining negotiations.
- Individual and collective employee lay-off and dismissals.
- Employee selection and benefits.
- Governmental subsidies to protect employment, such as the "Cassa
Integrazione Guadagni".
- Arbitration proceedings concerning employees and managers.
- Compulsory hiring of disabled individuals.
- Solidarity agreements to avoid dismissal or lay-off of employees.
The Firm provides specific services to assist companies in adapting their
policies to the new normative framework introduced by the "Legge Biagi" (Law
14 February 2003, n. 30) which empowers the Government to enact subsequent
Legislative Decrees for the labor reform. On24 October 2003 new forms of employment
were introduced with the enforcement of the Legislative Decree 10 September
2003 n. 276; the legislation marks the most important change in the Italian
labor legislation system in the past 30 years.
The reform aims to expand labor access, improve the employment rate and create
more flexible employment practices.
When the new directives were enacted, the Employment Department's Attorneys
quickly examined the related theory and problem solving on operational issues
in order to provide Clients with the necessary guidelines of the new discipline.
Our Employment Department can perform general revisions, determine the most
profitable institute for the company, and resolve related issues, such as
dispensation, leave, intermittent work, parcel work, part-time work, project
work, etc..
Procedures for the issuing of Visas and work permits are closely connected
to labor related normative frameworks.
The legislation enacted recently in Italy and the EU has radically modified
the directives related to permits to stay and permits to work for extra-EU
subjects.
The Department's Attorneys assist Italian and foreign companies in personnel
recruiting and transferring issues and in family reunification issues of extra-EU
workers in EU.
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