Categories: Insights, Case Law


27 May 2018

Resigning Agent and lack of just cause

The Court of Appeals of Turin, with judgement dated 22 December 2017 reviewed a case of resignation for just cause presented by an agent of a company in the consumer credit sector. In particular, the resigning agent had appealed to the court to obtain the payment of the indemnity pursuant to art. 1751 of the Civil Code (and, alternatively, in any case the payment of compensation in lieu of notice), complaining about both the worsening of the contractual conditions applicable to the customers in his circles and the unlawfulness of the employer’s choice to reserve better contractual conditions to its branches operating in the area assigned to him. In confirming the opinion expressed by the court of first instance, the Court of Appeals stated that, on the one hand, the worsening of the contractual conditions had been expressly accepted by the agent and that, however, by virtue of a contractual clause, the employer could have also proceeded unilaterally. Furthermore, the Court of Appeals noted that the choice of the employer to favour, by reserving better conditions, its branch offices could not in any way be considered unlawful since the agent was not contractually tied by an exclusivity restriction. In light of these considerations, the judges of the Court of Appeals rejected the appeal of the resigning agent.

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

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…