HOT LABOUR TOPICS – The transfer of the workplace is null and void when the transferor and transferee do not provide detailed information within the trade union’s consultation process

With a ruling dated 22 February 2022 (text), the Court of Bari qualified as “anti-union” the conduct of the transferor and the transferee who – during the communication pursuant to Article 47 Law no. 428/1990 – did not provide the trade unions with fully and detailed information regarding the merger by incorporation of the company, thus limiting the disclosure to the consequences of such operation only (i.e. the transfer of the relevant employees’ premise). Such decision resulted in the “revocation of the effects” and the consequent revocation of the transfer of the employees to their new place of work.

Considering the exhaustive content of the communication sent to the trade unions (also mentioned by the ruling) and the subsequent conduct of both parties (among others, during the procedure the trade unions had not even requested additional information), the ruling raises some interpretative concerns, rather revealing a lack of information relating to the opportunity of the merger. 

[For request and insight, please contact giuseppe.matarazzo@galaw.it]