LAW FIRM MARAZZA & ASSOCIATI

PRACTICE AREAS

 

Litigation

 

Our Firm has always been fully committed to the legal aid we offer our clients, representing them before National Courts, Senior Judicial Councils and the European Court of Justice, ensuring constant attendance at each and every hearing and an ongoing, conscientious and efficient management of individual and collective litigation.

With respect to major lawsuits, often interconnected and being heard contextually before various , court offices throughout the country, our Firm is also structured to cope with the management and monitoring of cost and risk-based profiles.
Direct support in disputes in the entire domestic territory determines an all-inclusive knowledge of the continuously changing and differentiated case-law guidelines, thus developing high added value regarding more effective and targeted protection for the companies we represent.

The legal arguments put forward by our Firm have often been incorporated in case-law, regarding both merit and legality, and have contributed to the consolidation of interpretative solutions concerning complex and longstanding issues.


Labour Market And Contracts


The never-ending development of the pertinent legislative and contractual scenario entails the ongoing and careful updating of the formats used for the contractual arrangements regarding autonomous and subordinate workers.

Our Firm, besides offering an on-the-spot recognition of the Client’s specific needs when preparing to stipulate an employment contract, whether autonomous or subordinate, is able to set-up more all-inclusive consulting projects aimed at the re-designing and continuous updating of the all the contractual typologies available in our legislation (work performance, co-ordinated and ongoing collaboration (co.co.co.), paid employment contracts, administration contracts, association-based contracts).

The proposal ad drafting of the contracts is calibrated according to the Client’s specific structural and productive requirements, paying particular attention to all possible, accessory, negotiating solutions, economic incentivizing systems, minimum stability pacts, training cost management agreements, etc…).

The employment market and contracts activities can be an fundamental part of a full service consulting agreement, i.e. it can be requested: a) as a single activity, referring to a specific and well-identified contractual requirement advanced by the Client; b) as an overall activity including the verification of all the contractual formats already used by the Client; c) as a contract development plan based on the evolution of the structural set-up.


Industrial Relations and Collective Bargaining


Our Firm has always supplied expert legal assistance regarding all types of issue, both judicial and negotiated, directly and indirectly linked to trade-union relations. We possess the specific skills able also to offer all-inclusive managerial advice, together with the possibility of supporting our Client during both the set-up and negotiation phases.

Our professional activities aim at giving support in the innovative designing of new contractual frameworks and in the drafting of first and second level collective agreements, able to optimize, even with respect to fiscal and contributory efficiency, the numerous provisions regarding deferral of the law to the autonomy of negotiation.

From this viewpoint our support aims, first of all, at offering our Client an exhaustive analysis of the possibilities supplied by collective bargaining, also in derogation from current legislation, so that the collective regulation of their labour relations complies, as far as possible, with the specific requirements of the relevant productive context, and is compatible with the budget, enforceable.


Individual Employment Relations, In a National and International Scenario


Our Firm assists its Client regarding all the issues inherent to the management of human resources, both in Italy and cross-border, collaborating with companies in the choice of the appropriate instruments for governing staff, from recruitment to  the termination of relations.

Working alongside our Client, we ensure that operability is constantly in line with the relevant legal framework regarding the exercising of disciplinary powers, switching of duties, re-qualification plans, management of national and International remuneration policies, management of bonus plans (both generalized and targeted towards specific worker categories), privacy management, individual and collective, national and international secondment and transfer plans, transfer management systems etc.


Top Management Employment Relations


The services offered by our Firm are not restricted to legal assistance to the Client during the establishment, management and termination phases regarding senior executive employment relations. The Firm, as more and more frequently requested, can directly pursue negotiation between the top management and the company, also with respect to motivational remuneration and loyalty stimulating policies, also using financial instruments, non-competition pacts and non-disclosure agreements.

Our Firm, the first within the framework of professional labour law services, has matured specific expertise in the collective management of procedures regarding the re-organization of managerial structures, supporting various entities, with national and International significance, in the conception, designing and implementation of collective paths aimed at sharing with trade union organisations collective dismissal and/or reallocation plans for senior executives.


Social Safety Nets


The ongoing legislative evolution regarding social safety nets continuously offers new tools for dealing with and overcoming critical periods, by simultaneously placing at the workers’ disposal targeted forms of income support during forced inactivity periods or subsequent to the termination of employment relations.

In the social safety net sector our Firm makes available its consolidated and multi-annual experience, gained in the management of considerably complex cases concerning various commodity sectors, in order to assist Clients in pinpointing the most suitable financial and contractual measures to satisfy the company’s needs – also by using specific operational funds in some productive sectors as well as inter-generational solidarity means.

Our Firm monitors all the fulfilments,  including trade-union consulting, needed to activate the ordinary and extraordinary salary subsidy system (CIGS & CDS =extraordinary earnings integration fund), taking care of the structuring and drafting of the relevant agreements.


Relations With Institutions and Associations


Our Firm supports companies in their relations with Institutions and Associations, promoting discussion with the responsible interlocutors at both local and national levels.


Work and Privacy


The introduction and use of new technologies, even more so in the 4.0 economy, has led to significant and strategic interference between the subject matter of labour and the rules safeguarding confidentiality.

The Firm supplies an integrated consulting service regarding the aspects linked to  privacy with special attention paid to the so-called remote controlsto the drafting of the regulations and associated memos and to the governance introduced by the new EU regulation 2016/679 concerning the protection of personal data.

In particular, our team assists Clients regarding the trade union and administrative procedures required by the current national and European legislations, also offering outsourced services for accountability regarding data protection (Data Protection Office).


Re-Structuring Procedures


Our Firm offers assistance regarding complex re-structuring processes, even under insolvency proceedings, with special reference to the re-qualification and innovation of the organisation, to mobility, wage support funds, expansive and defensive solidarity agreements, company transfers, outsourcing procedures, acquisition of compendiums, mergers, etc.

The Firm provides its consolidated and pluri-annual experience, gained in the management of considerably complex cases in various commodity sectors, in order to support its Clients during the planning of the renovation and its relevant implementation phase, by supplying assistance also in managing trade union relations.


Workplace Safety


Our Firm supplies advice and out-of-court assistance for troubleshooting critical situations relating to workplace safety (pursuant to Legislative Decree 81/2008, and subsequent amendments and supplements), to the internal delegations system and to the model for the management of interference risks in case of contract work.


Pre-Litigation Service


The pre-litigation service consists in customized and ongoing support to the Client aimed at assisting him/her/it as regards human resources, in order to contain the risk of individual and collective labour litigation.

This service is characterized by a privileged relationship with a single professional figure, to maximise the advantages of an all-inclusive awareness of the business reality, who participates in the preparation of all the operational actions with labour law relevance.


Secondment Services Concerning Labour Litigation And Human Resources Management


The Firm is able to provide the Client, on a temporary basis, with professional profiles endowed with the skills especially needed for the management of specific company procedures with labour law significance.

When dealing with serial and particularly complex litigation our Firm, besides supplying the relevant legal assistance covering the entire domestic territory, is able to sustain the competent company functions also collaborating in the administrative handling of the litigation, in the ongoing monitoring of the  lawsuit risk and in the updating of the aggregate progress of the judicial activity. The latter in order to integrate the Client’s work team so that it possesses, even in case of extraordinary evolution of the litigation, an always clear and complete representation, indispensable for the adoption of the consequential measures.

Moreover, within the framework of an integrated management of human resources policies our Firm offers its support also by providing the Client with dedicated professional figures able to sustain the competent company structures in the management of its human resources. The management mentorship service also refers to specific projects implying considerable technical judicial complexity.


Procurement Risks: Monitoring Service (Silca)


With the product “Bundled Legal and Accounting Services regarding Procurement” (SILCA) the Firm guarantees for its Client the ongoing updating concerning the regularity of the labour law fulfilments (remunerative, contributory, insurance-based etc.) on the part of the contractors/suppliers, in order to ensure continuing visibility regarding joint liability.

The Service foresees, above all, the complete updating of the contracts and the internal procedures, in order to ensure maximum protection for the  Contractor and to endow it with the necessary powers of control regarding the supplier.

The Service, upon request, foresees that the Firm shall also directly undertake the verification of the legal and contractual obligations, supplying the consequential issuing of monthly reports on the labour law fulfilments pertaining to the contractor/supplier and, accordingly, regarding the monthly state of risk.


Training and Updating


In constant liaison with the University and research worlds, our Firm develops and organizes in-depth study sessions, also interdisciplinary, on the principle themes concerning the organization and management of employment, in order to guarantee the continuous updating of its own experts and of the businessmen involved.