Some case history by De Luca & Partners
Object
Assistance to a leading player in managed services in Europe which has more than 1800 employees, spread over 24 locations in Europe during a litigation filed by the self-employee before the Labour Court of Milan.
Summary of matter
The litigation has been based on the representation that the self-employee has carried out the duties assigned as an employee and not as a self-employee.As consequence the self-employee has claimed for (i) the reclassification of the consultancy agreement into an employment relationship with status of Dirigente status; (ii) the unlawfulness of the dismissal and the payment of the notice period and the relevant indemnity pursuant to the applicable NCBA.
The parties have reached a settlement agreement on the terms and conditions for the termination of the relationship and, at the same time, to settle the case and any possible mutual claims which may derive from the relationship and its termination.
Object
Litigation before the Labour Court.
Summary of matter
De Luca & Partners assisted a private foreign airline and its legal representative in the proceedings before the Varese Court introduced by the latter, against the inspection report issued by the INPS and the ITL, concerning the alleged illegitimate secondment of no. 31 employees hired in Spain (place of the Company registered office) and seconded to Italy.Complex questions of law related to the EU framework on the international secondment and to the EU procedures which provide the social the social security treatment and the legal instruments available to individual States to challenge the legitimacy of such secondment.
Object
The Firm assisted an international group – with 80 years of experience, in research, development, production and marketing of medical products for specific sectors – in the exclusive distribution operation leading to the acquisition of the Target company.
Summary of matter
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.
Object
The Firm assisted a Company belonging to an international Group operating in the luxury forniture sector in the reorganisation of several company divisions, implementing actions aimed at rationalising activities and professional profiles.
Summary of matter
The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in art. 7 of Law No. 604/66 and conducted negotiations with the lawyers of the workers affected by the reorganisation with a view to securing a friendly settlement of possible disputes, also assisting and representing the Company before the ministerial bodies concerned.
Object
The Firm assisted a Company that manufactures products for scientific research and clinical diagnosis and distributes them around the world, in the reorganisation of its Sales and Marketing structure, implementing actions aimed at rationalising activities and professional profiles.
Summary of matter
The Firm prepared a feasibility study on the foregoing operation, defining timescales, identifying risk areas and possible solutions to be implemented to reduce the impact of the rationalisation of resources and activities for both the client Company and the workers. In that case, the Firm also prepared letters to initiate the procedure set out in art. 17 of Law No. 604/66 and conducted negotiations with the solicitors of the workers affected by the reorganisation with a view to securing a friendly settlement of possible disputes, also assisting and representing the Company before the ministerial bodies concerned. The reorganisation concluded with the signing of agreements with individual workers and no legal actions were brought against the company.