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

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…