DLP Insights

Staff supply: the lack of prompt challenge is considered tacit consent of the relationship termination

Categories: DLP Insights, Case Law

27 Jan 2012

The Court of Padova, labour section, with sentence of January 17th, 2012, stated that the supply worker’s behavior who does not challenge the contract promptly and accepts further work supply contracts is considered a tacit consent of the termination of the previous supply relationship. The termination by tacit mutual consent, for the judge, arises from two circumstances: the employee waited too many time from the expiration of the last staff supply contract before offering his/her work performance; moreover, he/she, as at the date of challenge, already entered into an open-ended subordinate work relationship with another company. Through this behavior, the employee put himself/herself in a permanent incompatibility with the willing to continue the relationship with the user company which has been expressed afterwards.

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