6533b834fe1ef96bd129e578

RESEARCH PRODUCT

Le rinunce e transazioni sottratte alla disciplina dell’art. 2113 c.c.

Claudio Bennici

subject

Settore IUS/07 - Diritto Del LavoroSettore IUS/01 - Diritto PrivatoEmployment (employment relationship) Waivers and settlements Rights guaranteed by mandatory rules Waiver by the employee Annulment Scope Disputed rights Exclusion

description

The essay deals with waivers and transactions on employees’ rights. According to the consistent judicial overview of art. 2113 of the civil code, waivers and trans actions on rights guaranteed by mandatory rules of law or collective bargaining, only concern renunciations of rights already acquired by the holder, and not still disputed. In particular, art. 2113 of the civil code does not apply if the right can be dismissed by the right holder, as in the case of job retention.

https://hdl.handle.net/10447/582223