Transfer of Business and Workers' Rights: Analysis of Order No. 10120 of 2024

The recent Order No. 10120 of April 15, 2024, issued by the Court of Cassation, offers an important reflection on workers' rights in the case of a transfer of business or its branch. The central issue concerns the contractual treatment that must be recognized for transferred workers, particularly in relation to the provisions of the existing business contract at the transferor. This ruling represents a significant reference point for Italian jurisprudence and for companies that have to manage transfer operations.

Key Points of the Ruling

In general, the ruling establishes that:

  • Transferred workers must receive the treatment provided by the business contract of the transferor.
  • The treatment must have the same effectiveness as the supplementary collective bargaining agreement.
  • If no collective bargaining of equal level is applicable at the transferee, the treatment provided by the transferor must be maintained.
In general. In the case of a transfer of business or its branch, transferred workers must be granted the treatment provided by the business contract or the existing business practice at the transferor, having the same effectiveness as the supplementary collective bargaining agreement, provided that no collective bargaining of equal level is applicable at the transferee.

Implications for Workers and Companies

This order clarifies that workers' rights must not be compromised during a business transfer. It is essential for employers to be aware of their responsibilities and the applicable regulations, as expressly outlined in Articles 2112 and 2077 of the Civil Code. These articles establish the protection of workers' rights and the continuity of working conditions even in the event of a transfer.

Conclusions

In conclusion, Order No. 10120 of 2024 represents an important confirmation of the protections provided for workers in situations of business transfer. Companies must pay attention to ensuring compliance with business contracts and existing practices to avoid disputes and ensure a smooth and legitimate transfer of workers' rights. Proper information and training for employers are essential to avoid legal issues and comply with current regulations.

Bianucci Law Firm