Categories: Insights, Publications

Tag: Covid19, rapporto di lavoro


7 May 2020

Coronavirus emergency and suspension of remuneration in case of force majeure (Guida al Lavoro de Il Sole 24 Ore, 7 May 2020 – Vittorio De Luca e Antonella Iacobellis)

Considerations at the time of COVID-19: does the current emergency integrate the hypothesis of force majeure for the suspension of remuneration? Does the current COVID-19 spread pandemic situation integrate the hypothesis of force majeure?

In the light of the above questions, it has been deemed appropriate to make some brief reflections on the impact that this event may have on employment relations, evaluating whether the particular contingency may or may not exonerate the operator unable to fulfil the contract – in this case, the employer who suspends the payment of the salary – to invoke force majeure.

The onerous and synallagmatic nature of the employment relationship

As is well known, in Article 2094 of the Italian Civil Code the legislator describes an employee as “a person who is obliged by remuneration to work in the company, performing his or her intellectual or manual work under the direction and dependence of the entrepreneur”.

For the purposes of our interest, the analysis of the above rule shows that in the context of an employment relationship:

– the worker or employee is obliged to carry out a specific work activity, and

– the employer is obliged to pay a salary.

– We add that the employment relationship is, among other things, characterized by:

– the payment of wages to the worker as one of its essential elements;

– synallagmatic performance, in the sense of performance in return for remuneration.

The relationship between employer and employee can also be read from the point of view of debt and credit position.

From this point of view, the employee is bound to an obligation to do, i.e. the locatio operarum, traditionally understood as an obligation of means (one’s own working energies), the employer is bound to pay him/her the salary.

Read the full version of the article in Italian here.

Source: Guida al lavoro – Il Sole 24 ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…