Presidentship of the Board incompatible with employment relationship

Quotidiano del Lavoro – Il Sole 24 Ore, 30 November 2021 – Marco Tesoro

Absolute incompatibility between being an employee and the office of president of the board of directors. Thus stated by the cassation with sentence 36362 on November 23rd 2021. The Supreme Court formulates a principle of law of relevant practical impact, extending to the chairman of the board of directors the absolute incompatibility with the quality of employee, as already provided for the sole director. While the arguments, which have been consolidated for years, appear more than acceptable with reference to the sole director, in my opinion the logical-legal path that led the Court to extend the incompatibility to the President of the Board of Directors is not clear.

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