MENU

Insolvency proceedings

Labor law consulting in corporate crises

During the life cycle of a company, crises may emerge leading to insolvency proceedings. In these contexts, employment law decisions have a direct impact on business continuity, employment protection and the proper implementation of the provisions of bankruptcy law and recent reforms.

Our services
We cooperate with insolvency practitioners, court-appointed commissioners and procedural bodies, offering technical support in the areas of labour law, workforce management and personnel reorganisation.

We also act on behalf of potential buyers or investors interested in companies or business units involved in composition proceedings, judicial liquidation or extraordinary administration.

Acquisitions and transfers

Employee transfers

Workforce Management

Acquisitions and Transfers in insolvency proceedings

Workforce Management and relations with procedural bodies

We assist court-appointed professionals in evaluating and managing the workforce in cases of judicial liquidation, composition with creditors, compulsory liquidation, or extraordinary administration. Our services include:

during proceedings, we take care of workforce management, ensuring business continuity and compliance with contractual and legal obligations, even in the event of temporary continuation of business.
we analyse claims filed against the company’s assets (pursuant to Article 93 of the Bankruptcy Law), verifying their correctness from a legal and social security perspective based on company documents and records.
we carry out a full review of the company’s labour law framework during the proceedings, drafting a technical report (pursuant to Article 172 of the Bankruptcy Law) to assess potential costs and liabilities relating to personnel.
we provide technical support in the management of ongoing or potential disputes and the prevention of future litigation, including risk analysis and proposals for conciliation or settlement in and out of court.

Business Transfers in insolvency contexts

Technical and Union Assistance in Complex Transactions

In cases of business or branch transfers under insolvency conditions, we offer consulting on all aspects related to personnel transfers. We work closely with the involved parties (trustees, buyers, advisors) to ensure a transfer that complies with current regulations:

We support workforce management in corporate restructuring plans, evaluating sustainable solutions in line with current regulations, even in pre-insolvency contexts.
We manage negotiations with union representatives throughout the proceedings and ensure the required communications are sent to relevant authorities.
We apply the special rules governing business transfers in insolvency contexts, in accordance with the terms and procedures provided by law.
We perform detailed analysis of existing contracts and the correctness of social security obligations to avoid issues during transfers or liquidation.
Personnel Management in business termination
Expert and timely supervision

In the event of business termination or winding-up, we take care of the proper and compliant management of human resources. From initial notification to termination, we provide timely supervision for:

we offer complete support in the setting up of redundancy procedures, respecting the timeframes and obligations required by law.
We manage negotiations with trade union representatives at local and national level, protecting the company’s interests and facilitating the achievement of sustainable agreements.
We prepare the technical and legal documentation for the procedure, ensuring consistency with the company organisation and the criteria for identifying the involved personnel.
We assist the company with the calculation and payment of severance pay, handling any claims or disputes during the exit phase.

Reliable Support in Critical Contexts

To deal with the most delicate phases

Complex operations require in-depth expertise and a deep knowledge of labour law applied to corporate crises. Contact us for technical assistance or an insightful practical conversation on the management of labour law in insolvency proceedings.

Contact us