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Employment Law for Businesses, Executives and Employees

We advise and represent businesses, organisations, senior executives and employees on individual and collective employment relationships and related disputes, both in court and out of court. We support organisations in decisions affecting their people and corporate structures, from the day-to-day management of employment relationships to reorganisations, coordinating employment matters with the corporate, contractual and governance issues handled by the Firm.

We provide ongoing advice to businesses, co-operative societies, foundations and non-profit organisations, supporting HR departments and corporate bodies in the routine management of employment relationships and in decisions with significant implications.

In corporate transactions, business crises and matters involving directors and senior executives, we work alongside the Firm’s business law practice to address employment, corporate and contractual issues in a coordinated manner.

Experience gained through service on the Employment Contract Certification Commission at the Bologna Territorial Labour Inspectorate and as the employment law representative on the Council of the Bologna Bar Association provides insight into the perspective of the institutions responsible for reviewing and certifying employment relationships.

Expertise

  • Individual Employment Relationships

    • Employment contracts and offer letters
    • Types of employment contract
    • Job classification, duties and remuneration
    • Non-compete agreements
    • Agile working arrangements (lavoro agile)
    • Transfers and secondments
    • Disciplinary proceedings
    • Dismissals

    We advise on employment relationships at every stage, from commencement to termination, with a focus both on preventing disputes and protecting the interests of those involved. Our assistance covers selecting the appropriate contractual arrangement, job classification, duties and remuneration, ancillary agreements, the exercise of disciplinary powers, transfers and termination of employment.

    At the outset of employment, we draft provisions that frequently give rise to disputes, including probationary periods, non-compete and minimum-service commitments, and incentive arrangements. During employment, we advise the parties on changes to duties, working hours and workplace location, agile working arrangements (lavoro agile) and secondments. At termination, we assess the legal grounds for ending the relationship and the correct sequence of procedural steps, including with a view to reaching an agreed settlement.

  • Senior Executives, Top Management and Corporate Bodies

    • Executive employment contracts
    • Directors and employment relationships
    • Incentive schemes
    • Remuneration policies
    • Non-compete and minimum-service agreements
    • Negotiated exits

    We advise companies and senior executives on the establishment, management and termination of top-management employment relationships: executive employment contracts, incentive schemes, non-compete and minimum-service agreements, compatibility between a company directorship and an employment relationship, and negotiated departures.

    We also advise senior executives on employment offers and exit agreements, challenges to termination of employment and disputes concerning supplementary severance payments provided for under collective bargaining agreements.

  • Industrial Relations and Collective Bargaining

    • Collective bargaining
    • Company-level and proximity agreements
    • Information and consultation procedures
    • Trade union representatives
    • Anti-union conduct

    We advise businesses and organisations on industrial relations and the interpretation and application of collective agreements. We assist clients in negotiating company-level agreements and conducting information, consultation and discussion procedures required by law and collective agreements, as well as in disputes concerning anti-union conduct.

    In particular, we handle information and consultation procedures relating to business transfers, collective redundancies and the use of wage-support schemes, and the negotiation of company-level and proximity collective agreements, assessing their effects on individual employment relationships.

  • Reorganisations, Corporate Transactions and Business Crises

    • Reorganisations
    • Transfers of businesses and business units
    • Service contracts and outsourcing
    • Agency work
    • Corporate transactions
    • Collective redundancies
    • Wage-support schemes
    • Corporate distress and insolvency proceedings

    We advise businesses on the employment aspects of reorganisations, transfers of businesses or business units, outsourcing and service contracts, corporate transactions and situations of financial distress, including the use of wage-support schemes and the effects of insolvency proceedings on employment relationships. Combining our expertise in employment law with the Firm’s business and insolvency practices allows us to coordinate employment issues with corporate, contractual and organisational matters.

    We handle collective redundancy procedures at every stage, from the initial notice and negotiations with trade unions through to the application of selection criteria. We also advise transferors and transferees on the effects of business transfers on employees’ contractual relationships and claims. In business crises, we coordinate workforce decisions with statutory crisis-resolution mechanisms and the bodies administering the relevant proceedings.

  • Co-operatives and Non-profit Organisations

    • Worker-members
    • Internal regulations
    • Applicable collective agreements
    • Exclusion of members
    • Changes of service provider and social clauses
    • Non-profit organisations

    We advise co-operative societies, consortia, foundations and non-profit organisations on employment relationships, with particular attention to worker-members, who have a working relationship with the co-operative in addition to their membership relationship. Our advice covers internal regulations, identifying applicable collective agreements and minimum pay entitlements, exclusion from membership and termination of employment, changes of service provider and social clauses. Our partners’ experience on the management and supervisory bodies of major co-operatives enables us to address mutual-benefit, corporate and employment matters in an integrated manner.

  • Compliance, Equality and Pay Transparency

    • Pay transparency
    • Gender equality
    • Non-discrimination
    • Employee monitoring
    • Employee data protection
    • Company regulations and policies
    • Employment contract certification
    • Gender equality certification
    • Social aspects of ESG

    We help businesses and organisations comply with obligations affecting workforce management, particularly equal treatment and pay transparency, employee monitoring and personal data processing, internal regulation and contract certification. We also advise on the employment aspects of sustainability, from gender equality certification to periodic workforce reporting, in coordination with the Firm’s ESG practice.

    We assist employers in implementing the pay transparency rules introduced by Italian Legislative Decree No. 96/2026: information for job applicants, employees’ rights to information, gender pay gap reporting and joint pay assessments with workers’ representatives.

  • Employment Litigation and Dispute Resolution

    • Challenges to dismissals
    • Pay disputes
    • Job classification and duties
    • Discriminatory conduct
    • Workplace accidents and damages claims
    • Joint and several liability in service contracts
    • Interim proceedings
    • Proceedings before the Italian Court of Cassation

    We represent employers, senior executives and employees in individual and collective disputes, from the preliminary assessment of the case through negotiations and court proceedings at every level, including applications for interim relief. Our approach takes account of the legal issues, the client’s objectives, the timescales involved and the financial implications of possible outcomes.

    We also assist clients in conciliation proceedings before trade unions and the Labour Inspectorate, in lawyer-assisted negotiation and in enforcing settlements and court decisions.

CONTACT US

Services

  • Ongoing Advice

    Advice to businesses, organisations and individuals on the ordinary and extraordinary management of employment relationships, proactive assessment of decisions and the development of solutions appropriate to their organisational context.

  • Support for Corporate Bodies

    Legal opinions for boards of directors, committees and HR departments on decisions affecting employment relationships, remuneration and incentive schemes and reorganisations, in coordination with the business law practice.

  • Litigation and Dispute Strategy

    Advice and representation at every stage of employment disputes, from initial assessment and document collection to strategy development, court proceedings and enforcement of settlements or judgments.

  • Inspections and Administrative Disputes

    Assistance during investigations by the Labour Inspectorate and social security authorities, and in challenging their findings and reports through administrative and judicial proceedings.

  • Employment Contracts and Company Rules

    Drafting and reviewing employment contracts, individual agreements, undertakings and clauses, internal regulations and company policies governing the commencement, management and termination of employment relationships.

  • Employment Contract Certification

    Advice on preparing employment and service contracts and co-operative internal regulations for submission to certification commissions, and assistance throughout the relevant certification procedures.

  • Negotiation and Conciliation

    Advice during negotiations and the drafting of individual and collective agreements, including before legally designated bodies and in lawyer-assisted negotiation proceedings, where a negotiated solution serves the client’s interests.

  • Corporate Transactions and M&A

    Advice on the employment aspects of acquisitions, disposals, mergers and transfers of businesses or business units: trade union procedures, harmonisation of terms and conditions, management of relationships with senior executives and directors, and agreements with affected employees, in coordination with the business law practice.

  • Employment Law Due Diligence

    Review of employment relationships, applicable collective agreements, existing or potential litigation and pay and social security liabilities in the context of acquisitions, business transfers and other corporate transactions.

  • Training

    Training programmes for HR departments, managers and team leaders on managing employment relationships, exercising disciplinary powers and developments in legislation and case law.

FREQUENTLY ASKED QUESTIONS

  • When is it useful to consult an employment lawyer?

    It is advisable to seek advice not only once a dispute has arisen, but also before making decisions affecting employment relationships, such as recruitment, changes to duties or organisational arrangements, disciplinary proceedings, transfers, reorganisations and dismissals. An early legal assessment can identify risks, alternatives and the appropriate sequence of procedural steps.

  • Does the Firm advise businesses, senior executives and employees outside Bologna?

    Yes. The Firm is based in Bologna and provides advice and representation throughout Italy, both in advisory work and negotiations and in litigation, coordinating with lawyers and other advisers in different locations where necessary.

  • What should I do if I am dismissed?

    It is important to act promptly. As a general rule, a dismissal must be challenged in writing, including by an out-of-court notice, within 60 days of being notified. The challenge becomes ineffective unless, within the following 180 days, a claim is filed with the court or a request for conciliation or arbitration is notified to the other party. The dismissal letter and all employment-related documents should be retained, and the facts should be established carefully. An employment lawyer can assess whether the dismissal is lawful, the remedies available and the most appropriate approach, whether through negotiation or litigation.

  • How should disciplinary proceedings be managed?

    Disciplinary proceedings are subject to formal requirements and deadlines laid down by law and often supplemented by the applicable collective agreement. The allegations must be set out in writing, with sufficient specificity and without undue delay. The employee must be allowed at least five days to present a defence, including with the assistance of a trade union representative, and any sanction must be proportionate to the seriousness of the conduct. For employers, it is essential to formulate the allegations correctly and assess the appropriate sanction; for employees, it is important to prepare a timely defence and check that the procedure has been followed correctly.

  • Can a lawyer review an employment contract?

    Yes. A review may cover, among other matters, job classification, duties, remuneration, probationary periods, incentive arrangements, non-compete agreements, minimum-service commitments, business travel and termination provisions. It can clarify the parties’ rights and obligations and identify potential issues before the contract is signed or during employment.

  • What employment law issues must be considered in a reorganisation or business transfer?

    Relevant matters include the effects on employment relationships, trade union information and consultation obligations, possible changes to duties and workplace locations, continuity of employment, potential redundancies, joint and several liability of the transferor and transferee for employees’ claims, and the proper sequence of procedures. Coordination with corporate and contract law expertise allows the transaction to be addressed as a whole.

  • What rules apply to worker-members of co-operative societies?

    A worker-member has a further working relationship with the co-operative, in addition to the membership relationship. This may be an employment relationship or another form of working arrangement and is subject to the corresponding protections. Where the worker-member is an employee, their overall remuneration must not fall below the minimum levels established by the applicable sectoral collective agreements. The two relationships are nevertheless linked: exclusion from membership also results in termination of the working relationship. If the exclusion is disputed, it is therefore important to assess promptly whether to challenge the exclusion resolution, which must be done within 60 days of notification.

  • Can a company director also be an employee of the company?

    Italian case law permits a directorship and an employment relationship to coexist where the individual is genuinely subordinate to the management body as a whole and their employment duties are distinct from their management functions. As a general rule, this is not permitted for a sole director or a person with full management powers. Structuring the relationship correctly affects remuneration, social security contributions, termination protections and liability, and requires corporate and employment law issues to be coordinated from the time of appointment.

  • What changes under the new pay transparency rules?

    Italian Legislative Decree No. 96/2026, implementing Directive (EU) 2023/970, requires employers to inform job applicants of the starting salary or salary range and prohibits enquiries about pay received in previous employment. Employees may request information on average pay levels, broken down by gender, for categories of workers performing the same work or work of equal value. Businesses with at least 100 employees must also report gender pay gap data periodically, starting in 2027 for those with at least 150 employees. Where a pay gap of 5% or more cannot be justified by objective, gender-neutral criteria and is not remedied within six months, a joint pay assessment must be carried out with workers’ representatives.

  • When is a non-compete agreement valid?

    The agreement must be in writing, provide compensation to the employee and be limited in its scope, duration and geographical area. Its duration may not exceed five years for senior executives and three years in other cases. Italian case law also requires the compensation to be proportionate to the restrictions imposed and the restrictions not to prevent the employee from carrying out work consistent with their professional skills. Careful drafting is therefore essential to the agreement’s enforceability.

  • Can employers use technology to monitor employees’ activities?

    Equipment and systems that may also enable remote monitoring of employees may be installed only for organisational and production needs, workplace safety or the protection of company assets, and subject to a prior trade union agreement or authorisation from the Labour Inspectorate. These restrictions do not apply to tools used by employees to perform their work or to systems recording access and attendance. However, the information collected may be used only if employees have been adequately informed and personal data protection rules are complied with.

  • How can an employment relationship be brought to a definitive end by agreement?

    Waivers and settlements concerning employees’ rights arising from mandatory legal provisions may be challenged within six months, unless they are concluded through one of the procedures prescribed by law: before a trade union, the Labour Inspectorate, an employment contract certification commission or a court, or, now, through lawyer-assisted negotiation. The choice of procedure and the drafting of the agreement determine how final and legally secure the agreed resolution will be.