This case involved analysing and conducting due diligence on all agency and distribution agreements entered into with the target, as well as on employment relationships with employees.Read more
De Luca & Partners also works closely with a number of Law Firms – and occasionally even for law firms having an employment law department – Private Equity Companies and Investment Funds with which it is typically involved in managing labour aspects of M&A corporate transactions and restructuring of work organizations.
De Luca & Partners, in the field of M&A and restructuring operations, deals with the activity of due diligence in labour law.
The due diligence activity consists of a thorough investigation of each employment law profile of the company’s activity, aimed at verifying a company’s compliance with labour law.
In particular, the primary purpose of due diligence is to provide a description of any critical issues – related to the profiles relating to employment law and concerning the personnel of the target company – potentially relevant to the operation. The survey is mainly aimed at verifying compliance with the mandatory rules of applicable law, collective agreements and any supplementary company agreements.
This due diligence activity refers not only to subordinate employment relationships but also to any other type of contractual relationship of a different nature concerning the subjects who carry out their work in favour of the company on a continuous and organic basis (including self-employed workers, occasional collaborators, agents, workers or service providers). Particular attention is also paid to the analysis of the figures who play a strategic role in the company organization and benefit from a substantial remuneration (so-called key managers), and therefore in case of irregularities could have a significant weight in the negotiations.
In each of the above areas, the analysis will go as far as examining aspects such as length of service, total pay (including fixed salary, bonuses received and fringe benefits recognized), company cost, participation in pension plans, non-competition agreements, insurance coverage, overtime and disciplinary proceedings.