Ius Laboris: Comparing countries - Employment law aspects in the management of a transnational restructuring in Europe

Ius Laboris: Comparing countries - Employment law aspects in the management of a transnational restructuring in Europe
28 Oct 2016

Toffoletto De Luca Tamajo e Soci hosted the workshop “How to manage a transnational restructuring - The basics & insider tips from around Europe”, held by the Restructuring International Practice Group (IPG) of Ius Laboris, the largest global Alliance of employment law specialists, which the law firm represents in Italy. 

There are an increasing amount of M&A deals which involve companies of different countries. One of the the main factors that companies must take into consideration in such situations are those concerning employment law, especially in cases with transnational reorganisations and restructurings which involve different jurisdictions. 

During the workshop, experts from Belgium, France, Germany, UK and Italy discussed the legislation of their respective nation with regard to HR management and compared legislation on collective redundancies and transfers of business, with a specific focus on the the legislation on trade union information and consultation procedures. 

The legal landscape which emerges is extremely varied and the problems that companies face can be very different from country to country. 

«For example, if we examine one of the more delicate topics, that is, collective dismissal procedures, it is easy to highlight how each jurisdiction has its own regulations which must be coordinated with those of the other countries involved, given that, the commencement of a procedure that may be technically correct in one country, could have negative repercussions on a procedure initiated in another country. A collaboration between the HR professionals and lawyers in all of the countries involved is crucial for the success of the restructuring process - comments Avv. Emanuela Nespoli, Partner of the Firm, member of the Ius Laboris Restructuring IPG and one of the speakers at the workshop». 

The workshop was moderated by the Head of HR at Barclays Italy, Milvia Sica, and saw the participation of Emanuela Nespoli for Toffoletto De Luca Tamajo e Soci (Italy), Jean-Paul Lacomble for Claeys & Engels (Belgium), Judith Adams-Biron for Capstan Avocats (France), Alexander Ulrich for Kliemt & Vollstadt (Germany) and Colin Leckey for Lewis Silkin (UK) - all members of Ius Laboris.