Employment & Pension
Law And Litigation
Since its foundation, Tonucci & Partners has been involved in solving problems and providing advice in the employment, pension, trade union and social security law fields to large and medium-sized Italian and foreign industrial, commercial and financial companies. We have been advising Clients as to legal developments in Italian employment regulations, including the introduction of "para-subordinate" work, the reform of employment and public employment, the introduction of new forms of lawful intermediation and the internationalization of human resources.
Our Employment & Pension Law and Litigation practice group is able to ensure high quality advice, both general and sector-specific, and where necessary it provides focussed assistance aimed at planning and implementing the managerial and regulatory interventions best suited to the company purpose.
The firm has consolidated employment law experience in the acquisition, restructuring and privatization of state-owned entities and the related conversion of employment relations from public to ordinary regimes; the opening and closing of businesses with significant workforce; and the industrial relations with trade union representatives at all levels. Our employment litigators regularly represent public and private companies, including multinational corporations, in employment proceedings before applicable courts.
With specific reference to the disposal and restructuring transactions, in recent years we have assisted in mobility proceedings, related and unrelated to extraordinary and ordinary temporary layoff funds (CIGS and CIGO), and bankruptcy proceedings, including proceedings involving the shutdown of industrial plants, in the Italian regions of Lazio, Lombardy, Veneto, Emilia Romagna, Sicily, Calabria and Campania.
Our firm also provides:
- Assistance with M&A operations: Legal due diligence, trade union consulting proceedings in relation to sale and transfer of business units and business combinations with the automatic transfer of employees.
- Assistance in the application for the relevant social security framework (which may impact subsequent operational costs and the ability to access social security funds).Assistance in the identification and application of the applicable national collective bargaining agreement.
- Assistance in preparing individual subordinate or free-lance employment contracts for employees, managers and consultants, with specific reference to confidentiality and "non-competition" issues, including following termination of employment.
- Assistance in drafting and negotiating contractual clauses relating to the transfer of intellectual property rights and image rights of employed or independent consultants.
- Assistance in the implementation of regulations applicable to intra-group or foreign secondment.
- Assistance in the preparation and review of bonus plans, including for international corporate groups.
- Assistance in negotiations of collective bargaining agreements.
- Individual and collective representation in connection with suspension and termination of employment.
- Assistance with hiring procedures and granting of benefits.
- Assistance with state contributions and proceedings to protect employment.
- Assistance and representation in arbitration proceedings involving employees and managers.
- Assistance in connection with compulsory employment proceedings involving persons belonging to protected categories.
- Assistance in connection with solidarity agreements aimed at avoiding the suspension or termination of employment of workers.
- Advice on pension law and pension funds regulations.
Additionally, in connection with the ongoing reform of the Italian employment relationships, we offer specific legal assistance in order to help Clients adjust their current employment business strategies to meet the demands of the new regulatory frameworks, ranging from the impact of the Biagi Law to recent additional employment law reforms.
Our firm devotes special attention to the study of theoretical and practical profiles to solve operative problems and provide Clients with the necessary guidelines to new regulations and individual institutes. Therefore, our firm is capable of performing general reviews of applicable employment frameworks, identifying the institutes whose application is most beneficial to Clients and examining and solving in their entirety all relevant aspects of various and different situations, including for example provisioning, secondment, intermittent work, split work, part-time work and project work agreements.
With specific reference to the assistance provided to leading international companies, our firm has acquired significant experience in advising on employment law aspects of the start-up of activities in Italy, including the following:
- Assistance to companies in the application for employment permits on behalf of their workers.
- General assistance in relation to the Italian legal framework governing employment relationships.
- Assistance with secondment abroad and the mobility of Italian and foreign workers.
- Review and integration of business strategies relating to employment matters.
- Drafting of MBO and stock option plans.
- Drafting of staff management manuals for subsidiaries and secondary branches and offices in Italy of foreign companies, with a view to conform local procedures to the business policies of their offices in other countries worldwide and the relevant local legal frameworks.
- Drafting of individual employment contracts for managers, employees and consultants.
The proceedings for the issuance of employment permits to non-EU workers are closely linked to the employment legal framework in view of the legislation recently introduced in Italy and the European Union, which has radically altered the regulatory framework concerning the issue of residence and work permits to non-EU persons. On the basis of their significant experience on immigration issues, our employment lawyers assist Italian and foreign companies with the proceedings concerning employment, transfer and reunification of family members of non-EU workers within the EU.
In relation to employment law litigation, our firm assists and represents Clients before ordinary and administrative courts at all levels and states of proceedings, as well as before conciliation and arbitration panels.
Contact the Department
For further information, please contact the Department at labour@tonucci.com
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