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11.122015

Milan Court of Appeals: termination of independent contractor relationship

With its ruling the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to independent contractors to be correct. This is due to the general scope of the principle it is based on, according to which the immediate withdrawal from the relationship is possible if an event occurs attributable to one of the parties which prevents continuation even if only temporarily. The Court concluded that the similar interpretation of article 2119 of the Civil Code however did not entail the extension of the independent contractor relationship to all of the remaining protections established by the law in terms of a regular employment relationship, including the obligation of previous notice of violation.