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With ruling n. 14510, 28th May 2019 (see here the full text in Italian) the Supreme Court confirmed that an employee cannot waive the right to receive the end-of-service allowance (“TFR”) during his/her employment, even with specific reference to the potential impact of a variable sum not received by said employee.
No relevance has the end of the employment relationship just few days (in this case, 21 days) after the signing of a settlement agreement in front of the trade union, because the employee’s right to receive the end-of-service allowance will perfect at the end of the employment relationship only: as a consequence, any related waive during the employment is considered null and void.
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