Luigi Molteni

I am an employment lawyer in the Human Resources Services Group in Italy, with vast experience in supporting companies on employment law and trade unions matters involved in the management of human resources.

I regularly advise local and international companies, start-ups and top management operating in the most prominent industries including retail, automotive, metal and engineering, chemical and pharmaceutical, information technology, media & communication, entertainment, luxury and banking.

I deal with any legal issue concerning HR management and trade unions matters, helping clients to seek the solutions that most suit their business, considering both new HR trends arising from the development of technology, productive processes and the options offered by employment law.

My practice covers consulting in the planning of company reorganisations, collective dismissals, transfer of undertakings and the daily legal assistance in the management of executives, employees, consultants and agents. This includes negotiation of contracts, dismissals and terminations, disciplinary proceedings, non-competition covenants, confidentiality clauses, incentive plans and company welfare, implementation of company policies, transfers, secondment of employees and global mobility, smart-working and home-working, employment law issues involved in mergers and acquisitions.

I also have extensive experience in employment litigation and in the out of court settlement of disputes, representing both companies and individuals in cases regarding dismissals, re-qualification of employment relationships, agency contracts, transfer of undertakings, breach of non-competition covenants, and supply of workforce.

• I represented a pharmaceutical company in the litigation related to the challenge of the transfer of undertaking carried out during a collective dismissal procedure. The judicial proceeding ended with the acknowledgment of the lawfulness of the transfer of undertaking and with the entire rejection of employees' claims who asked to be reinstated by the transferor.
• I assisted an important US Group in the reorganisation involving the termination of some top managers who were also members of the board of some companies of the group. I also assisted the group in the following negotiations of the settlement agreements reached in a short time, avoiding the risk and costs of a complex litigation.
• I assisted an important company in the media sector in the structuring of its business and workforce in Italy following the acquisition of the rights to broadcast the Italian football championship providing advice on the negotiation of the terms and conditions applied to journalists and other employees.
• I assisted a multinational company that installs stone and ceramic parts, on the acquisition of a company branch, conducting the labour due diligence and advising it on the issues related to the transfer of the employment contracts and of many agents. After the acquisition, I advised the company on the day-to-day management of personnel and on the negotiation and drafting of hiring contracts for managers.
• I assisted a company operating in the fashion industry in the termination process of a production manager and in the following judicial proceeding started by the employee who asked the reinstatement alleging that the dismissal was based on retaliation. At the end of the proceeding, where the judge interrogated many witnesses, the Court acknowledged the lawfulness of the dismissal and rejected the employee's claim. The employee waived to appeal the decision and paid to the company the legal expenses liquidated by the judge.
• I represented a US Company in a dispute started by a consultant who asked to be re-qualified as a subordinate employee with managerial functions. The claim has been rejected both by the first instance Court and by the Court of Appeal due to the acceptance of Company preliminary objection of lack of jurisdiction of the Italian court.