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ITALY

ITALY Transfer of an undertaking - from and to non-entrepreneurial persons - successive leases of a company - dismissal not founded on just cause but on transfer HEADNOTES Facts The proprietor of a sports centre had leased the centre first to a company and then to a non-profit association. The non-profit association took over the use of the centre without modifying its organisation, but after a certain amount of time had elapsed in the activity conducted by the first lessee. At the same time as it took over the lease the association dismissed an employee. The worker took legal action claiming that the dismissal was unlawful as it was in breach of the principle of continuity of employment under art. 2112 of the Italian Civil Code. The Court rejected the appeal excluding the transfer of an undertaking pursuant to article 2112 of the Italian Civil Code and as a result the dismissal. On appeal, the decision was set aside. The association asked for the case to be considered by the Court of Cas- sation. Decision The Court of Cassation ruled that in the case in question there were grounds for considering it a transfer of an undertaking, thereby declaring http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160298X00289
Publisher site
See Article on Publisher Site

Abstract

Transfer of an undertaking - from and to non-entrepreneurial persons - successive leases of a company - dismissal not founded on just cause but on transfer HEADNOTES Facts The proprietor of a sports centre had leased the centre first to a company and then to a non-profit association. The non-profit association took over the use of the centre without modifying its organisation, but after a certain amount of time had elapsed in the activity conducted by the first lessee. At the same time as it took over the lease the association dismissed an employee. The worker took legal action claiming that the dismissal was unlawful as it was in breach of the principle of continuity of employment under art. 2112 of the Italian Civil Code. The Court rejected the appeal excluding the transfer of an undertaking pursuant to article 2112 of the Italian Civil Code and as a result the dismissal. On appeal, the decision was set aside. The association asked for the case to be considered by the Court of Cas- sation. Decision The Court of Cassation ruled that in the case in question there were grounds for considering it a transfer of an undertaking, thereby declaring

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1997

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