Business Transfer and Workers' Rights: Analysis of Ordinance No. 10120 of 2024
The recent Ordinance No. 10120 of April 15, 2024, issued by the Court of Cassation, offers an important reflection on workers' rights in the event of a business transfer or the transfer of a business unit. The central issue concerns the contractual treatment that must be recognized to transferred workers, particularly in relation to the provisions of the company agreement in force at the transferor. This ruling represents a significant benchmark 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 for by the transferor's company agreement.
- The treatment must have the same effect as supplementary company collective bargaining.
- If no bargaining of an equivalent level is applicable at the transferee, the treatment provided by the transferor must be maintained.
In general. In the event of a business transfer or the transfer of a business unit, transferred workers must be recognized the treatment provided by the company agreement or company practice in place at the transferor and having the same effect as supplementary company collective bargaining, provided that no bargaining of an equivalent level applies at the transferee.
Implications for workers and companies
This ordinance clarifies that workers' rights must not be compromised during a business transfer. It is crucial for employers to be aware of their responsibilities and current 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, Ordinance 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 existing company agreements and practices to avoid disputes and guarantee a smooth and legitimate transfer of workers' rights. Correct information and training for employers are essential to avoid legal issues and comply with current regulations.
