Labour Compliance Terms and Conditions of Business

A) PURPOSE OF THE ASSISTANCE

This contract covers assistance and legal advice on EU Employment Law.

Value of the case: not determined

POSTED WORKERS Registration Process (Mandatory for EU and non-EU Companies):

• Consultation with Client about expected targets and goals of the activity.
• Obtain all the required company documents from the Client.
• Obtain all the employees’ necessary documents from the Client.
• Documents’ Due diligence to verify compliance with the posting workers’ regulations.
• File and submit posting workers’ requests to the Government Labour’s Authorities
• Obtain confirmation from the Government Authorities.
• Keep and manage all the necessary documents during the posting period.
• Represent the Client in front of the Labour Authorities in order to receive communications and notices and exchange information.
• Provide a temporary communication address.

CASSA EDILE Registration Process (For construction/building companies only):

• Obtain all the required company documents from the Client.
• Obtain all the employees’ necessary documents from the Client.
• Documents’ Due diligence to verify compliance with the Cassa Edile Social Security regulations.
• File and submit requests to the Cassa Edile Body.
• Obtain confirmation from the Cassa Edile Body.
• Keep and manage all the necessary documents during the posting period.
• Represent the Client in front of the Labour Authorities in order to receive communications and notices and exchange information.
• Provide a temporary communication address.

PATENTE A CREDITI” Registration and Management (Mandatory for EU and non-EU):

• Initial consultation to understand your specific needs and gather the necessary documentation.
• Preparation and review of all required forms and supporting documents, including Power of Attorney valid for two years.
• Registration of the company with the competent local branch of the Ispettorato Nazionale del Lavoro (INL).
• Submission of the application through the designated online platform.
• Ongoing management of the Patente a Crediti dashboard on behalf of the client for two years.
• Follow-up and communication with the relevant Italian authorities until the license is issued.

Optional Service – RSPP Appointment and Mandatory H&S Training (Legislative Decree No. 81/2008)

As part of broader assistance regarding the “Patente a crediti” procedure, we may, upon request, provide support for the appointment and training of the Responsible Person for Prevention and Protection (RSPP) in accordance with Legislative Decree No. 81/2008.

This service is optional and becomes relevant where the Client does not already possess an equivalent qualification or a validly appointed RSPP meeting the requirements under Italian health and safety legislation.

Our assistance includes:

• evaluation of the Client’s current H&S organisational structure and verification of existing qualifications;
• identification of the most appropriate RSPP appointment model (internal vs. external);
• coordination and provision of mandatory training courses compliant with Italian regulatory standards;
• formalisation of the RSPP appointment documentation, ensuring alignment with Italian legal requirements;

integration of RSPP-related elements within the “Patente a crediti” compliance framework.

“VAN der ELST” Visa Application (Mandatory for non-EU workers – Schengen Area):

Legal assistance to EU-based companies intending to temporarily post non-EU workers to Italy under the framework established by the Van der Elst doctrine and Article 27, paragraph 1-bis of Italian Legislative Decree No. 286/1998 (Consolidated Immigration Act).

The service includes:

Additional services included in legal assistance:

• Unlimited consultations with Client via email with a guaranteed response within 24 hours (Mon-Fri);

• Unlimited consultations with Client by telephone during office hours (Mon-Fri);

• Online documentation available through secure cloud system;

Unlimited document reviews

C) FEES

1. POSTED WORKERS Registration Process

• CASSA EDILE Registration Process (if needed)

• “PATENTE A CREDITI” Registration and Management:

• RSPP Appointment and Mandatory H&S Training (optional):

• “VAN der ELST” Visa Application

NOTES:

1. The fees set at no. 1) AND 2) above cover a ONE-MONTH (or fraction) period. Starting from the second month, a 50% fee reduction applies.
2. The fees set at no. 1) AND 2) above are considered for every single declaration submitted.
3. Any further communication/change or variation, even for workers already registered, will be considered as new and subject to the fee referred to in points 1) and 2).

• Declarations requested during the weekend or holiday periods will be subject to an extra fee of EUR 95.
• The estimated fee is inclusive of the rights, fees, and any other claim for the required professional activities, as well as for the actions of collaborators, third parties, and foreign professionals necessary to complete the assignment.
• The fees above do not include costs and fees that the authorities may charge for carrying out the assignment.
• Full payment is required in advance at service confirmation.

D) VAT, EXPENSES, AND SST

The amounts specified under paragraph C) do not include the 4% social security contribution, 22% VAT (if applicable), or any taxes and disbursements of any nature (including, by way of example, certified translations, certificate issuance fees, administrative charges and taxes, local taxes, and third-party technical professionals’ fees). SLI shall inform the Client in advance of the estimated amount of any such additional expenses.

E) GENERAL TERMS AND CONDITIONS OF THE SERVICE

Definitions
For the purposes of these Terms of Business:
“Firm” or “Consultant” means the law firm and/or the individual lawyer(s) appointed to provide the legal services under the relevant Client Care Letter and fee estimate.
“Client” means the individual or legal entity executing the Client Care Letter and requesting the legal services described therein.
“Assignment” or “Mandate” means the professional engagement and the legal services to be performed by the Firm as specified in the Client Care Letter, the fee estimate, and any related statement of work.
Commencement and Duration
The Assignment shall become effective upon execution by the Client of the Client Care Letter and the related fee estimate, which shall form an integral and binding part hereof, and shall remain in force until completion of the Services or earlier termination in accordance with these Terms.
Where the Client Care Letter provides for the payment of an advance, retainer, or partial fee, the Firm’s activities shall commence only upon receipt of the relevant amount.
Fees and Scope of Services
In consideration for the Services, the Client shall pay the fees specified in the Client Care Letter and/or fee estimate, calculated in accordance with the agreed fee structure (hourly rates, flat fees, success fees where permitted, or other arrangements).
Any services not expressly included in the scope of the Assignment shall be subject to a separate written agreement and additional fees.
Payments shall be made by bank transfer to the account indicated by the Firm in its fiscal documents or to such other account as the Firm may notify in writing.
The Client authorises the Firm to hold, in a fiduciary capacity and on a designated client escrow account, any sums received and required for the performance of the Assignment (including, by way of example, third-party professional fees, court costs, taxes and disbursements), without such holding constituting taxable revenue until invoicing is required under applicable law.
Taxes, Costs and Disbursements
All fees are exclusive of VAT at the applicable rate and the mandatory 4% contribution to the Italian Lawyers’ Social Security Fund (Cassa Forense).
Fees do not include out-of-pocket expenses and disbursements, including, without limitation, court fees, mediation or arbitration costs, stamp duties, unified court contributions, registration and filing fees, service of process, expert opinions, translations, and third-party professional costs, which shall be borne by the Client. Where advanced by the Firm, such amounts shall be reimbursed upon request.
Travel and accommodation expenses incurred by the Firm in connection with the Assignment, in Italy or abroad, shall be borne by the Client or reimbursed against supporting documentation.
Duties of the Firm
The Firm shall perform the Services with the level of skill, care and diligence required by the nature of the mandate, in accordance with applicable law and the Italian Code of Professional Conduct.
Pursuant to Article 2235 of the Italian Civil Code, the Firm shall retain the Client’s documents only for the time strictly necessary for the performance of the Assignment, unless otherwise agreed in writing.
The Firm shall observe strict professional secrecy and confidentiality and shall ensure that all partners, associates, employees, trainees and external consultants are subject to equivalent confidentiality obligations.
The Firm may, under its own responsibility, involve other lawyers, professionals, correspondents or foreign counsel in the performance of the Services.
The Firm’s obligations are obligations of means and not of result. No guarantee is given of achieving any specific outcome, and the agreed fees shall be payable irrespective of the final outcome of the matter.
Client Obligations
The Client shall provide the Firm with complete, accurate and timely information and documentation necessary for the performance of the Services. The Firm shall not be liable for any delay, loss or prejudice resulting from the Client’s failure, inaccuracy or late transmission of such information.
The Client shall cooperate fully with the Firm and grant access to all data and documents reasonably required for the execution of the Assignment.
The Client shall promptly notify the Firm in writing of any change relevant to the Assignment.
The Client shall comply with all payment obligations in accordance with the terms set out in the Client Care Letter and fee estimate.
In the event of non-payment, the Firm shall be entitled, in accordance with law and professional rules, to suspend or withdraw from the Assignment, without liability save as required by mandatory law.
Anti-Money Laundering
The Firm has carried out and shall continue to carry out all client due diligence obligations required under Legislative Decree No. 231 of 21 November 2007 and related regulations.
Interest on Late Payments
Any amount not paid when due shall accrue interest at the statutory rate or, where applicable, at a rate of 7% per annum, without prejudice to the Firm’s right to claim further damages and recovery costs.
 
Express Termination Clause
In the event that any amount due remains unpaid for more than 15 days after its due date, the Firm may terminate the Assignment pursuant to Article 1456 of the Italian Civil Code by written notice to the Client
In such circumstances, the Firm may suspend the Services until full settlement of all outstanding amounts, in compliance with applicable professional rules.
Withdrawal and Refund Policy
The Firm may withdraw from the Assignment for just cause, upon written notice and in a manner that avoids prejudice to the Client and shall be entitled to reimbursement of expenses and payment for all work performed.
The Client may withdraw from the Assignment at any time, without stating reasons, subject to reimbursement of expenses and payment of fees for work already carried out.
Any refund of advance payments shall be calculated as follows:
Withdrawal before commencement of any work: 100% refund.
Withdrawal after commencement: refund net of fees corresponding to the actual time spent, calculated at the applicable hourly rates, even where a flat fee arrangement was agreed.
Governing Law and Jurisdiction
These Terms of Business and the Client Care Letter shall be governed by Italian law. Any dispute arising out of or in connection herewith shall be subject to the exclusive jurisdiction of the Court of Bari. The Italian language version and interpretation shall prevail.
Applicable Law and Professional Rules
For all matters not expressly regulated herein, reference is made to Articles 2229 et seq. of the Italian Civil Code, to all applicable legislation, to the Italian Code of Professional Conduct, and to relevant professional customs.
Professional Liability Insurance
The Firm maintains valid professional civil liability insurance in compliance with applicable regulations (currently Generali Assicurazioni S.p.A., policy no. 410223269, with a coverage limit of EUR 2,500,000).
Personal Data Protection
The Firm shall process personal data in accordance with Legislative Decree No. 196/2003 and Regulation (EU) 2016/679 (GDPR) for purposes strictly connected with the performance of the Assignment, as further detailed in the Firm’s privacy notice.
In particular, the Client certifies that he/she was informed about:
How and in what way the data will be used.
Whether data provision is compulsory or optional.
The consequences of a refusal to comply.
The subjects or categories of subjects to whom personal data may be disclosed and the scale on which said data will be disclosed.
The rights under Art. 7 of Legislative Decree 196/03 and GDPR 679/2016.
The name, title or business name and address, residence, or office of the person in charge of handling the data.
 
 
Information about the article. 13 – 27 GDPR 679/2016 (General Data Protection Regulation), Decree-Law 56/2004 (Anti-Money Laundering Regulations) and Decree-Law 28/2010 (the mediation process)

Dear Client, we inform you that, pursuant to Article 13 of Legislative Decree No. 196/2003 (the Act), and in relation to the personal data which the law firm in the epigraph will enter into possession of with custody of your case, we inform you as follows:
1. Purposes of data processing. The processing is intended solely for the proper and complete execution of the professional assignment received, in professional, judicial, and extra-judicial settings.
2. Terms of the data processing. a) The processing is performed with the operations or series of operations listed in Art. 4 paragraph 1 letter. a) T.U.: collection, recording, organisation, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation, and destruction of data. b) Operations may be conducted with or without the aid of electronic or automated means. c) The processing is done by the owner and/or persons in charge of the processing.
3. Data provision. The provision of ordinary, sensitive, and legal data is strictly necessary for the performance of activities referred to in paragraph 1.
4. Data provision refusal. Any refusal by the individual to provide personal data in the case referred to in point 3 will make it impossible to perform the activities referred to in point 1.
5. Data communication. Personal data may be disclosed to processing staff and may be disclosed for the purpose referred to in point 1 to external collaborators, stakeholders in the justice sector, counterparties, and their defenders, to arbitration boards and, in general, all those public and private entities where such disclosure is necessary for the proper fulfilment of the purposes as specified in paragraph 1.
6. Data disclosure. Personal data are not subject to dissemination.
7. Transfer of data overseas. Personal data may be transferred to E.U. countries and third countries for the purposes of paragraph 1.
8. Rights of the data subject Rights of the interested parties: Article 7 of the Consolidated Law grants interested parties the exercise of certain rights, including the right to obtain from the data controller confirmation of the existence or otherwise of their personal data and their communication in an intelligible form; they have the right to learn about the origin of the data, the purposes and methods of processing, the logic applied to the processing, the identity of the data controller and individuals to whom the data might be disclosed; the party has the right to obtain updating, rectification and integration of data, deletion, processing into anonymous form or blocking of data processed in violation of the law; the holder is entitled to oppose for legitimate reasons the processing of data.
9. Data controller. The data controller is the IACOVAZZI LAW FIRM, in the person of Mr.  Alessandro Iacovazzi.
10. This information is compiled and communicated in accordance with current legislation regarding money laundering, given that the Consultant is subject to the identification, recording and reporting requirements referred to in Legislative Decree 56/2004.
11. Furthermore, pursuant to Decree-Law 04.03.2010 n. 28, we notify you of: 1. the option of using the mediation procedure provided for by legislative decree. N. 28/2010 and the Legislative Decree of 8 October 2007, n. 179 (conciliation and arbitration procedures at Consob and system compensation), in the matters regulated therein, as well as the conciliation procedure established in implementation of Article 128-bis of the Consolidated Law on banking and credit as in the legislative decree 1 September 1993 n. 385, as amended, for the matters therein regulated; 2. the obligation to use the mediation process provided by legislative decree. N. 28/2010, as a condition of admissibility of the proceedings, in the event that the dispute is related to the rights available in the field of real rights, division, inheritance, family agreements, lease, loan, rental companies, damages from liability medical and defamation by the press or other means of advertising, insurance contracts, banking and financial; 3.of the possibility, if the necessary conditions, to make use of the free legal aid expenses for conducting the proceedings in cases in which the attempt at conciliation is a condition of admissibility of the proceedings; 4.of the tax benefits related to the use of the procedure and in particular the possibility to benefit from a tax credit in proportion to the allowance that will be paid to the mediation body, up to the amount of 500 Euros, if successful mediation (reduced by half credit in case of failure of the same); and the fact that all acts, documents relating to the mediation proceedings and measures are exempt from stamp duty and every fee, tax or duty of any type and kind and the circumstance that the agreement record is exempt from the registration duty within the limit of 50,000 (fifty thousand) Euro and that in the event of a higher amount the duty is only due for the part in excess with receipt of the said communication and for authorisation, pursuant to art. 23 and 26 T.U., for the processing of all my/our personal of a common, sensitive and legal nature: