HOT LABOR TOPICS – An unlawful transfer of undertaking might “duplicate” the employment relationship

Pubblicato da Giovannelli e Associati il 04/05/2020

With ruling n. 8162, 24^th April 2020 (see here the full text in Italian), the Supreme Court stated that a transfer of undertaking lacking the requirements pursuant to art. 2112 of the Italian Civil Code affects the “uniqueness” of the employment relationship that was unlawfully transferred.

Specifically, that would create a “duplicity of relationships (one of which, de iure, restored with the original employer, …; while the other, de facto, towards the subject that is already transferee and actual user)”, in a way that the eventual dismissal by the transferee/actual user would not affect the original employment relationship between the transferor and the (unlawfully) transferred employee.

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

Giovannelli e Associati advised Ania F2i Fund on the acquisition of the majority stake in Compagnia Ferroviaria Italiana S.p.A.

Giovannelli e Associati advised Ardian and Dedalus Group on the closing of the acquisitions of part of Agfa-Gevaert’s healthcare IT business

HOT LABOR TOPICS – An unlawful transfer of undertaking might “duplicate” the employment relationship

Media correlati

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

HOT LABOUR TOPICS – The executive is entitled to NASpI allowance even when, with respect to the residency, the new place of work is “more favorable”

HOT LABOUR TOPICS – In case of resignation, the company may waive the notice period without recognizing an indemnity in lieu thereof