Your labour matters, our priority

Legal advice in the fields of labour and social welfare must consider the management of litigation, both in and out of court, concerning the relationship with workers and social security agencies.

The focus of our work is, however, in the attention devoted to the prevention of disputes, and – more broadly – in the search for the best operational solution that meets the needs of the Client.

From this perspective the analysis of the contracts adopted, the identification of the critical aspects and the consequent proposal for appropriate changes or additions, as well as the drafting of entirely new employment contracts (managers, senior staff, white collar workers, blue collar workers, fixed-term, project collaborations, coordinated and continuous collaborations, professional sportspeople) in addition to agency and tender contracts are fundamental.

WHAT advising on labour and social welfare entails

Our services in the field of labour and social security law mainly concern the following expertises.

Drafting of contracts

• Drafting of employment contracts for each category of employees (managers, senior staff, white collar workers, blue collar workers, fixed-term contracts, project collaborations, coordinated and continuous collaborations, professional sportspeople);
• Drafting of particular clauses, such as agreements for non-competition, confidentiality, secrecy, stability;
• Drafting of company regulations which contain the parameters to manage working relationships;
• Drafting of disciplinary codes;
• Drafting of agency contracts;
• Drafting of tender contracts.

Relationship and disciplinary proceedings management

• Application of disciplinary measures;
• Transfers, change in duties and other conditions of the employment contract;
• Individual and collective redundancies;
• Procedures to manage confidentiality, the use of information technology tools and e-mail.

Trade Union Law

• Negotiation of company collective agreements;
• Interpretation of collective agreements;
• Participation in trade union negotiations;
• Assistance with the preparation of negotiation and management strategies;
• Procedures for consultation and information;
• Aspects of labour and trade union law in relation to the restructuring.

Transfer of the Business

• Due diligence with aspects regarding employment law, agency contracts, trade union law and the allocation of wages for tax and other contributions;
• Planning of labour law aspects that pertain to mergers and acquisitions;
• Collective redundancies, C.I.G.S. and mobility procedures.

HOW labour and social welfare consultancy is performed

The scope of needs to be contemplated in labour law matters makes it difficult to exactly predetermine the tasks necessary to resolve them, and the best way to do it. However it is still possible to outline a summary of the modus operandi that our Professionals usually follow for activities in and out of court.

Out of court consultancy services (be it for the drafting of legal opinions or contracts, the management of out of court litigation or other consultancy activities) are always preceded by the joint preparation between our Professionals and the Client of a working plan. This working plan contains the list of issues to be addressed and problems to be solved, preferably accompanied by a cost estimate to allow the Client to know in advance what is the cost they will have to bear. Each mandate is then carried out in close collaboration with the human resource manager or any other individual the Client has designated. Such a person would be constantly informed during briefings dedicated to analysing the development of the procedure and through the delivery of periodic updated reports.

Legal assistance in court usually requires – although not always (for example, in a case where you must ascertain the absence of any sickness for which the worker has claimed) – the quality of the defendant/respondent to the Client. This allows you, after reading the opponent preliminary statement and evaluating the documents attached to it, to gain adequate knowledge of the nature of the dispute, its expected duration time, the likely costs of the preliminary investigation and the likelihood of success. The signing of a power of attorney mandate is, therefore, usually combined with an agreement on what the compensation for the entire trial will be. Of which during the conduct, we guarantee constant updates to the Client by regularly sending detailed updates after each hearing and upon the event of any news within the trial.

COSTS for consulting on labour and social welfare matters

In order to enable our Clients to adequately plan their activities, each professional service that is to be carried out – both in the cases of extra-judicial advice or legal assistance in court – is generally preceded by the preparation of a quote, based on the expected workload required.

In any case, the rates that are applied are those determined by the applicable Ministerial Decree. In determining our fees we take into account the nature and value of the dispute, the importance and number of matters involved as well as the status of the competent court. The main benchmark is, however, defined by the results of our activities and the benefits achieved, given that Client satisfaction is for us the best measure of the quality of our professional service.

We also offer the opportunity for Clients to enter into agreements for the provision of a continual service that can be suited to the particular needs of any business and ensure consistent cost savings. The fees associated with the professional services provided for consultancy on labour and social welfare matters are, however, deductible from the company’s income as they are part of the operating expenses.

Your legal DEFENDER for labour and social welfare matters