WHAT WE DO

Today, knowing one's skills and potential - and also being aware of the value of the wealth of experience built up over the passage of one’s career - high level and high salary offers of work are no longer sufficient factors in the decision to undertake new professional paths or to relocate for a new senior management role.

Executives now confront decisions to accept a job offer, or not, also by evaluating the pension and contractual positions, whether through subordinate work or self-employment, nationally and internationally. Even offers of fully remote working positions have the potential to have a positive, or not so positive, impact. Hence, the modern Executive will undertake a complete analysis of the social security and contractual aspects connected with any work.

Failla&Partners has a wealth of experience advising Senior Executives and Managers on a wide range of matters in this area such as assisting with the analysis of the social security and contractual aspects connected with a role, also taking into account work / life balance, in order to identify the best contractual solutions.

Failla&Partners advises both national and international businesses on the analysis of their corporate situation and consequent planning, including strategic planning, for potential staff reduction initiatives to best satisfy any proposed reorganization requirements.

Here our team support clients with the implementation of reorganisations, staff reductions or plant closures - always keeping in close contact with the decision-making management.

Failla&Partners assists  with:

o The finalisation of any restructuring, reorganisation or downsizing plans

o The preparation of the necessary documentation

o The preparation and review of trade union agreements

o Preparation for, and participation in, meetings with Italian trade unions, government authorities, management, key employees, and other stakeholders.

o Mediation with impacted employees to avoid potential future disputes

o Monitoring of the progress of the project

Organizational Process Management in Italy is governed by Italian Legislative Decree 231/2001 and is referred to as the Modello Organizzativo 231. It is an important aspect of Corporate Governance which touches all aspects of employment relationships (creation, modification, and extinction) and HR Management.  

Here Failla&Partners works with clients to ensure that all processes and procedures are followed correctly in order to ensure full compliance with Italian law. This includes counsel on disciplinary proceedings and dismissals, performance and productivity analysis, absenteeism and ethic codes, company policies and compensation, benefits, welfare, Smart Working, immigration, expatriate management …and more.

Failla&Partners provides regular day-to-day counsel and assistance to national and international companies with operations in Italy on labour relations and HR management (consulting, legal opinions, contracts, disciplinary proceedings, dismissals, transfers, modification of the tasks, agreements and novation with employees, processing and/or modification of the employment relationship).

Our team is in regular contact with clients, especially those with large workforces, throughout the day as their in-house legal teams and human resource departments are continually confronted with numerous queries on legal opinions, contracts, disciplinary proceedings, dismissals, transfers, modification of tasks, agreements such as novation with employees, the processing and/or modification of employment relationships and much more.

The Failla&Partners team is always on-call to provide Employment & Labour Law counsel 365 days per year.

The Failla&Partners team has extensive experience assisting employers when the cessation of business or a branch of business may be required – leading to the potential for mass lay-offs and collective dismissals. 

Here the team assists with defining strategic lines of negotiations with the Italian Trade Unions and the Italian Ministry of Labour in addition to directly negotiating and drafting collective, second level, national, territorial, company level agreements (CLA) and more.

Failla&Partners has a wealth of experience in the area of Employment and Labour related litigation. In fact, Founding and Managing Partner Luca Failla has been recognized for a number of years as the Labour Litigation Lawyer of the Year by some of the leading legal publications in Italy.

Disputes in the workplace can arise for a multitude of reasons. For example, mobbing, harassment, the violation of company policies, discrimination, theft of physical or intellectual property, anti-trade union conduct and more. In addition, there are also situations where employees may challenge their dismissals - individually or collectively.

In all cases Failla&Partners works to obtain the best outcomes for their clients – in the first instance out of court. If this is not possible the firm has the ability to represent clients in the Italian Labour Courts, Appeals Court, Regional Administrative Court, the Italian Supreme Court and the European Courts of Justice.

The Failla&Partners team is well versed in advising on all aspects of workforce Privacy regulations including the protection of personal data, the drafting and review of disclosures for both employees and Clients, relations with the Italian Privacy Guarantor and the Italian Ministry of Labor.

In reference to the processing of sensitive workforce information Failla&Partners provides advice on the adjustment of information systems, risk analysis, the drafting of check lists as documentary evidence listing obligations fulfilled, letters of assignment, the setting company policies on security and privacy, the release of legal documentation when controls are undertaken by the competent authorities, as well as training for Data Privacy Officers. 

Of particular note is the team’s experience with video surveillance authorizations, biometric data, GPS, and control devices (as per Article 4 Law No. 300/70).

Failla&Partners provides counsel to a range of Top Managers – CEOs, CFOs, Board Members, and General Managers – on the preparation and negotiation of employment agreements as well as defensive clauses such as golden parachutes.

Our team also provides counsel for Senior Executives on:

• Negotiating and defining exit agreements - also when dismissals occur.
• The appointment and revocation of directors
• Liability actions and compensation for damages
• The analysis and evaluation of risks associated with top management roles – including contribution checks and social security risks
  
• The management of complex negotiations and exit packages

At times a business’s most valued asset is not a physical one but rather an intangible one. Failla&Partners works with employers to ensure that their company policies protect some of their most important knowledge through corporate policies, non-compete clauses and enforcement. 

In more detail our team works closely with clients on:

• Drafting and implementing company policies on security and privacy

• Non-Compete Clauses as per Article 2125 of the Italian Civil Code

• Assistance in disputes arising from the violation of specific commitments undertaken

• Adaptation of EU Regulation 679/2016 for the protection of natural persons with regard to the processing of personal data and on the free movement of such data

• Training for Data Protection Officers overseeing the treatment called "basic privacy and data processing"

• Drafting and implementing checklists for documentary proof that obligations are being respected

• Release of legal documentation for any checks by competent authorities such as Italian Data Protection Authority (Garante per la Protezione dei dati Personali)

• … and more!

At times employers may have suspicions about the behavior of their employees and further investigation may be required. In these situations Failla&Partners can provide counsel on: 

• Defensive investigations for unlawful absenteeism – such as false sickness, false accident, tactical absenteeism, or leave pursuant to Law 104/92

• Internal third-party investigations for Whistleblower complaints and the management of related procedures

• Violation of non-compete obligations and unfair competition by employees and competitors

• Investigations and surveys to ascertain cases of corporate fraud, theft, embezzlement or sabotage

• Defensive investigations in cases of suspected or real crimes - taking testimonies from employees and related evaluations.

Failla&Partners works closely with executives and boards of directors to ensure that their organization is up-to-date with the latest regulations concerning the workforce aspects of Corporate Governance in Italy. Here the team provides counsel on:

• Certification and preparation of Organization, Management and Control models
 (as per Italian Legislative Decree No. 231/01)

• Drafting of Ethical Codes, Disciplinary Codes, and Whistleblowing regulations


• Application of the Organizational Models for Health & Safety in the Workplace 
(as per Italian Legislative Decree 81/08);


• Verification of company compliance (legal check-up) to reduce the areas of potential litigation, add flexibility and certainty of the rules, optimize costs and make improvements in the company.

Flexibility in the organization of work today means becoming familiar, in a structural way, with remote work, with the adaptability of hours, with the management of different types of contracts and with the simultaneous management of subordinate workers and self-employed collaborators. While at the same time one also needs to pay attention to the provisions for this in Collective Bargaining agreements as well as Trade Union relations. Hence one must take care to manage people with attention to all aspects of the management of the employment relationship – both autonomous and subordinate.

The integrated management of Agile and Smart Working projects involves numerous components: the labour law aspects of the management of the employment relationship, in addition to the evaluation of workspaces, technology and leadership styles. 

Failla&Partners can support businesses in this area, especially in terms of the implementation of hybrid work models that can promote well-being within the organization.