Categories: Insights, Publications · News, Publications

Tag: Accordo collettivo aziendale, recesso unilaterale


28 Jan 2021

Collective company agreement with no expiry date. Legitimate unilateral withdrawal if proven (Il Quotidiano del lavoro de Il Sole 24 Ore, 28 January 2021 – Enrico De Luca, Antonella Iacobellis)

The Court of Lamezia Terme, with the sentence of 14.01.2021, ruled that it is possible to unilaterally withdraw from a second level collective agreement with no expire date, but the party that objects to this circumstance is burdened by providing the relevant proof.

More specifically, the sentence states that, if the second level collective agreement does not have a predetermined term of effectiveness, it cannot bind the contractors forever, being able to terminate it through the unilateral withdrawal of one of the parties, who responds to the need to avoid the perpetuity of the obligatory bond.

Therefore, the withdrawal can also take place verbally or by conclusive facts, but in this case the party that objects to it is charged, pursuant to art. 2697, paragraph 2, of the Italian Civil Code, of the relative proof.

Click here to read the full version in Italian published by Il Quotidiano del 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

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…