Daverio & Florio Studio Legale

Employment & Labour, Trade Unions Law, Social Security Law

Founding Partner Daverio & Florio

Born in Milan in 1954, Fabrizio Daverio graduated in Jurisprudence in 1978. From 1978 to 1983 he was Assistant Lecturer in the History of Roman Law at the Faculty of Law of the University of Milan and from 1983 to 1986 Assistant Lecturer in Labour Law at the Faculty of Economics of the Bocconi University in Milan.

In 1978, at the same time as commencing his academic career, he also started in practice and later developed a noted specialisation in labour and social security law. In 1997 he established his own law firm, and in 2001 with Salvatore Florio created Studio Legale Daverio & Florio. He has, over the years, had considerable experience not only in Milan but all over Italy and has also developed the non-litigation side of the business, such as procedures concerning the effects on a workforce of windings-up, mergers, transfers of part of a business, out-sourcing, sub-contracting, collective redundancy procedures and the regulation of employee use of information, internet and technology services.

Last important activities

Unfair competition in the banking sector: poaching of 20 employees without non-compete agreements in place, with diversion of Euro 350 million In the health sector, administrative and judicial challenging of 20 inspection reports dealing with the re-classifying of work contracts from independent contractor to subordinate employee Assistance with a Trade Union Agreement concerning derogation from Italian rules on fixed-term agreements and agency workers Directors’ remuneration in the absence of shareholders’ resolutions Drafting of whistleblowing policies for Italian companies and banks claw-back (return) of previously distributed awards/bonuses due to non-fulfilment of requirements (Banca d’Italia remuneration policies) Creation of companies in competition with one’s employer – while still under contract – dismissal Legitimacy of using private investigation with respect to disloyal employees; dismissal of a teacher who mistreated pupils Company no-smoking policy more restrictive than current law (adjacent areas, outdoor areas, etc.) Rules governing the work/training of foreign doctors (EU and non-EU) in Italy Strike of essential public-sector workers (telecommunications sector) restricted to overtime work Social clause involving the “automatic” transfer of employees in the event of change of contractor (successione di appalto) Advice on the possibility of activating internships for professionals registered in an official register (Albo) Reasons underpinning the new fixed-term contracts (under what is known as the Decreto Dignità) Re-classifying of work contracts from independent contractor to subordinate employee in the health sector (medical and non-medical personnel) Advising a logistics company on the application of software to track the routes taken by vehicles Advising on data protection within the employment relationship, with particular reference to remote supervision of subordinate employees Agency employment relationships Termination of executives for justified company reasons Drafting of non-competition agreements for leading Italian banks

From time to time he hosts private forums on the latest topics in Labour Law in order to illustrate to clients the range of opportunities and solutions to various problems. He has written numerous articles in newspapers and periodicals on the subject of Labour Law.

Italian and English

Fabrizio Daverio has been enrolled in the register with the Court of Cassation since 1995. He is member of AGI, the Association of Italian Employment Lawyers. Member of Reggenza della Banca d’Italia Council  – from 2011 to July 2013. Member of  the CARIFE Supervisory Committee – from may 2013 to december 2015. Member of Employment Commission at Order of Accountants in Milan.

Law Degree at Università Statale di Milano in 1978