Legitimate intra-group transfer of undertaking and application of less favorable conditions

Il Quotidiano del Lavoro – Il Sole 24 Ore, 9 December 2021 – Marco Tesoro

According to the Court of Cassation (Ord. 37291/2021), the existence of a corporate link between the transferor and the transferee is not an obstacle to the transfer of undertaking (pursuant to Article 2112 of the Civil Code) and the application of the transferee's collective bargaining agreement is lawful, even if it is less favorable to the transferred employees.
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