Maria Vittoria Ballestrero

Il trattamento economico e normativo dei lavoratori nella nuova disciplina del trasferimento d'azienda

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In this essay, the Author first analyses the problems of the maintaining of the employment relationship with the transferee and the safeguarding of the employees' rights in the new text of Article 2112 c.c. Particular attention is reserved to the relevance of the "consent" of the employee in case of transfer of a part of undertakings. In the Author's opinion, Article 2112 c.c. does not assigns to the dissenting employee the right to remain employed by the transferor. According to Article 2112 c.c., par. 4, in fact, the dissenting employee can resign if transfer involves a substantial change in working conditions: in this case the employer shall be regarded as having been responsible for the termination of the contract of employment. In the final part of the essay, the Author deals with the new rules on changes of collective agreements in the transfer of undertakings, looking to the impact of such changes on the employees' rights.

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