Categories: Insights

13 Feb 2014

Court of Bergamo: performances automaticity principle extended also to coordinates and continuative self employees (Il Sole 24 Ore, February 11, 2014, page 20)

Court of Bergamo, with the sentence no. 941 of December 12, 2013, extended the performances automaticity principle, which ensures to employees the right to receive the retirement indemnity also in case the employer omitted to pay the social security contributions accrued, also to coordinates and continuative self employees. For the judge of the first status of litigation, the existence of this right must not be denied based on the circumstance that art. 2116 of the Civil Code expressly provided for its effectiveness only for subordinate employees, because the situation of self employees is similar to the one of the employees, this justifying an extended interpretation of the rule.
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