The Court of Cassation has recognized that two companies are co-employers of the workers hired by both of them if they manage the same corporate complex. The Court also clarifies the elements that allow to ascertain such a situation. According to the Court, when these technical organizational conditions are met, it does not preclude the configuration of a simple employer the existence of legal titles legitimizing the use by one company of the employees of the other or the transfer of workers between the two companies. The Author disagrees with the Court’s argument but underlines the possibility of giving an interpretation of art. 2094 of the Italian Civil Code to justify the conclusion of the Court.
L’unità del complesso aziendale e il gruppo societario quale datore di lavoro
Vito Pinto
2022-01-01
Abstract
The Court of Cassation has recognized that two companies are co-employers of the workers hired by both of them if they manage the same corporate complex. The Court also clarifies the elements that allow to ascertain such a situation. According to the Court, when these technical organizational conditions are met, it does not preclude the configuration of a simple employer the existence of legal titles legitimizing the use by one company of the employees of the other or the transfer of workers between the two companies. The Author disagrees with the Court’s argument but underlines the possibility of giving an interpretation of art. 2094 of the Italian Civil Code to justify the conclusion of the Court.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
