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Labour

Legalcommunity Labour Awards 2016
Best Law Firm for its Agency Contracts’ Practice.

The labour law team, staffed by highly qualified and experienced lawyers, provides its expertise in human resources management and compliance with employment laws and regulations to leading multinational groups and companies operating in manufacturing, services, publishing, banking and financial industries. This broad client base, along with an in-depth expertise, gives Carnelutti’s labour law practice a cutting edge across the complete spectrum of labour and employment law, enabling its lawyers to advise its clients on Italian employment and labour law, social security law, relations with trade unions and related litigation. The firm’s lawyers have particularly detailed knowledge and experience in handling issues triggered by corporate restructuring and reorganization, working closely with their corporate and M&A department colleagues.

Carnelutti's expert team of lawyers provide legal support and representation in the following areas:

  • General advice on employment laws and regulations;
  • Employment relations;
  • Contracts and special covenants of executives and key employees;
  • Individual and collective dismissal procedures;
  • Collective bargaining with trade unions;
  • Restructuring and reorganization processes;
  • Managements of labour disputes and industrial action.

The labour law practice group assists its clients in the preparation of agreements connected with hiring, transfer and international secondments and assignments of employees and managing directors, in the strategic, as well as in the day-to-day, management of labour relations, including those connected with the implementation of disciplinary and individual dismissal procedures.

Carnelutti's professionals have a proven track-record in corporate restructuring and reduction in force procedures (redundancy), in collective and trade union bargaining, in the application of state-subsidized downsizing programmes, in collective dismissals and in the drafting and strategic use of pay and benefits and/or incentive and retention schemes (such as stock option plans, MBO, stability agreements and change of control agreements).

The team also advises on the implementation of company policies, on the protection of both the company’s tangible assets and intangible (intellectual) property (such as inventions, confidential information, non-compete and restrictive covenants and non solicitation agreements), on the management of requirements concerning the employment of disabled workers, on matters of privacy and the monitoring of employees, on safety at work and temporary work site matters, on subcontracting and service contracts, and on all related litigation.

The department offers a wide range of services in contract negotiation, drafting, management and termination in the following areas: employment agreements, (especially at executive-director level), project based ongoing labour contracts, consultancy agreements, commercial and financial agency agreements.

  • Assisting a dynamic network of financial advisors active throughout Italy territory in litigation against 26 former financial planners.
  • Assisting a consortium of four Italian banks in labour issues connected to the acquisition of 198 branches from a primary Italian banking group.
  • Assisting an important US private equity fund in labour issues connected to the acquisition of a very well-known Italian leather-wear manufacturer.
  • Assisting the third largest banking group worldwide and first in Europe in litigation started by the former head of Corporate Finance and Advisory, challenging dismissal, seeking to determine the unlawfulness of an alleged downgrading and consequently claiming damages.
  • Assisting a leading company in the cable industry in labour and trade-union issues (including RIF – Reduction In Force procedures) and related litigation.
  • Assisting a major Italian publishing house and all its group companies in general labour and agency issues and related disputes.
  • Assisting a primary Italian bank in labour issues connected to the acquisition of a leading company in the biomedical equipment industry and in negotiating and drafting Top Managers/Directors agreements and a Stock Option Plan (ESOP) after the acquisition.
  • Assisting an international leader in the food and beverage industry in trade union consultation procedures related to the implementation of the national collective labour agreement applicable to the catering industry in connection with the transfer (in and out) of employees within the acquisition and termination of in-flight catering service contracts.
  • Assisting the Italian subsidiary of a major German strategy consultant group in all labour issues and in the revision of all the agreements of partners and principals and handling partnership changes.
  • On-going advice and assistance in litigation to two Italian banks, part of a primary Italian banking group, in labour and agency issues (with specific reference to its financial advisory network).
  • Assisting a leading manufacturer of construction materials and ceramic products with 67 companies, 13,200 employees and operations in 16 countries, in closing one of its sites and handling the related collective dismissal procedure and relevant trade union relations (negotiations with local trade unions and with local authorities, negotiations with the Ministry of Productive Activities and with the Ministry of Labour).
  • Assisting a famous fashion maison in reorganizing its beauté agent network, revising contracts and finalizing relevant agreements with agents.
  • Assisting a major Spanish banking group and all its companies operating in Italy in general labour issues and related disputes.
  • Assisting a multinational telephone and media company in all the issues related to labour contracts connected to the recruitment of speakers and celebrities for the Italian DVBH television operations.
  • Advising a major Brazilian banking group on immigration, labour and social security issues related to its directors and executives seconded from South America to its Italian branch, as well as assisting the bank in all the issues related to labour and industrial relations issues connected to its Italian operations.
  • Advising US, UK, Japanese, Korean, French, Spanish and Belgian multinationals on the termination of employment service agreements for top executives.
  • Advising a major US pharmaceutical group on a multi-million euro litigation against the Italian public insurer for work-related accidents.
  • Advising a French rubber multinational on employment law claims started by 200 former employees in relation to the closure of a plant.
  • Advising an American cosmetics company on a new multi-level sales model in Italy.
  • Assisting a leading European sports television distribution company with the termination of employment of both the General Manager of the Italian Branch and the News Director. In particular, the firm advised on the negotiation and the appropriate incentives to leave, as well as on the final settlement agreement.
  • Assisting one of the most famous beer manufacturing companies, in the process of terminating the emplyment of the Belgian manager of Italian operations by support through different phases of negotiation, the development and formulation of agreements, and solving labour, social security and tax issues regarding a multimillion euro exit package and restrictive covenants issues.
  • Advising an Italian engine manufacturing company in relation to a logistic agreement and related labour and social security issues.
  • Advising an international mobile phone manufacturer on the termination of its entire agency network arrangement connected with the “decoder business".
  • Advising one of the biggest European producers of credit cards with a reorganization project and the implementation of a redundancy procedure.
  • Advising two Italian subsidiaries of an international oil and gas group with the reorganization of their management structure and post retirement agreements with top managers.
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