HOT LABOUR TOPICS – Dismissal for cause of a merciful employee
22/05/2019
Giovannelli e Associati on the sale by GKN Wheels & Structures Group of GKN Wheels Carpenedolo
31/05/2019HOT LABOUR TOPICS – An employee cannot waive the right to receive the end-of-service allowance (“TFR”) during his/her employment
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.
[For further details, please contact giuseppe.matarazzo@galaw.it]
