Chapter L’automaticità previdenziale negata dalla Cassazione agli incolpevoli collaboratori

Thumbnail
Author(s)
Casale, Davide
Language
Italian
Show full item record
Abstract
This paper critically examines the case law of Italian Supreme Court of Cassation that denies quasi dependant workers the application of the legal protection issuing public coverage of contributions’ omissions caused by principals who do not pay pension’s compulsory contributions due to INPS (which is the main Italian social security authority). This protection is set out in Article 2116 of the Italian Civil Code, for the case of insolvency and of undeclared work. According to the author, this case law is based on a construction that is inconsistent with the textual tenor of the law and, moreover, it does not take into account the similarity of factual conditions between quasi dependant workers and employees, to whom this legal protection applies.
URI
https://library.oapen.org/handle/20.500.12657/96761
Keywords
Social security; quasi dependant workers; omissions of compulsory contributions payment; public coverage of pensions’ funding
DOI
10.36253/979-12-215-0507-8.15
ISBN
9791221505078, 9791221505078
Publisher
Firenze University Press
Publisher website
https://www.fupress.com/
Publication date and place
Florence, 2024
Series
Studi e saggi, 259
Classification
Employment and labour law: general
Pages
17
Rights
https://creativecommons.org/licenses/by/4.0/