6533b833fe1ef96bd129bd41

RESEARCH PRODUCT

Trasferimento di azienda e mora del creditore

Marinelli M

subject

transfer undertakings refusal job performance

description

The Article analyses the recent developments of the Italian jurisprudence, regarding the effects of the offer of the job performance, in the cases in which it is illegally refused by the employer. The theory, according to which in such cases the workers can obtain only a compensation for damages, and not the entire salary, has been reconsidered. In such situations, the workers can nowadays obtain the entire pay, unless a special rule establishes differently. According to the Author’s opinion, the special rules actually existing could determine the unconstitutionality of the regulation on the refusal of the job performance, when a transfer of undertakings is later declared void.

http://hdl.handle.net/10447/400566