Home » Top management

Top management

Without prejudice to its vocation as a law firm for companies, since its foundation, De Luca & Partners has also established itself as a reference point in the assistance of Managers in labour disputes.

Over the years, De Luca & Partners has worked alongside leading Managers in both out-of-court and judicial assistance, such as:

Managers and managerial staff in general;
Company Directors
Managers-managers who combine the subordinate nature of the relationship with the corporate position.

Specifically, De Luca & Partners offers its customers the following services:

Advice and assistance in the negotiation and establishment of employment relationships with particular focus on the recognition of some contractual elements:
- Confidentiality clause
- garden leave;
- golden parachutes;
- Non-compete agreement
- Stock option plans

Consultancy and assistance in the out-of-court phase and possible resolution of employment relationships with a propensity in the management of negotiations characterized by a strong orientation towards results:
- recognition of compensation;
- recognition of benefits;
- recognition of various types of indemnities in proceedings for the revocation of powers and positions of administration.

Assistance in the judicial phase of active and passive litigation:
- for the recognition of economic competence and compensation;
- for defence against liability actions and breach of loyalty or non-competition obligations.

DID YOU KNOW THAT… The agreement to extend, with amendments, the National Collective Labour Agreement – NCLA for Tertiary Sector Managers has been signed?

27 Jul 2021

On 16 June 2021, Confcommercio Imprese per l’Italia and Manageritalia signed an agreement to extend the NCLA of 21 July 2016 until 31 December 2021. With the same agreement, the Social Partners have amended some Agreement provisions. The main changes include the maximum duration of the protected period, which is confirmed as 240 days in ....

The validity of waivers and settlements within the employment relationship

01 Dec 2020

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee’s declaration may be considered as a waiver if the settlement agreement was issued with awareness of determined or objectively determinable rights and with a conscious intent to waive or settle them. Facts of ....

The scope and limitations of non-competition clauses

29 Jun 2020

The Court of Cassation, with its ordinance no. 9790 of 26 May 2020, took the opportunity to return to express an opinion on the legal grounds of the non-competition clause as per art. 2125 of the Civil Code. The Court took the time to specifically analyse the purposes of the agreement, the limits to its ....

Connected work law: the double time limit for expiry does not apply to the dismissal of the manager

03 Feb 2020

The Court of Cassation, in its ruling 395/2020, affirmed that the double time limit for expiry introduced by the Connected Work Law in relation to the invalidity of dismissals is applicable to managers, in the sole cases of nullity provided for by Article 18, paragraph 1, of the Workers’ Statute. On the other hand, in ....

Legal consultancy concerning the disciplinary action and the definition of the terms and conditions of the settlement agreement.

20 Dec 2019

Legal assistance and advice concerning the disciplinary action against the executive as well as the legal assistance carried out during the complex negotiation concerning the definition of the terms and conditions of the settlement agreement. The negotiation of the dispute with the Company has been complicated to handle as far as the company was strictly ....