The Court of Cassation, with sentence no. 3899/2019, has returned to rule on so-called dual employment, in a dispute concerning the appeal of a dismissal of a worker during a period of maternity leave, pursuant to art. 54 Legislative Decree no. 151/2001, specifying, first of all, that this phenomenon is independent of the existence of a real corporate group.
In fact, while the economic and functional link between the companies of the same group “does not determine if the extension of the obligations inherent in the employment relationship with one of them to the others of the same group […] dual employment in the group company presupposes the insertion of the worker in the overall economic organisation to which the formal employer belongs and the sharing of the performance of the same, in order to satisfy the group interest, by the various companies, which exercise the typical employer powers and become substantial employers, also for the purpose of applying the provisions on collective dismissal&rdquo
Magazine
10 April 2025