Unlawful transfer of undertaking: employment relationship de iure e de facto

Quotidiano del Lavoro – Il Sole 24 Ore, 4 October 2021 – Marco Tesoro

In case of unlawful transfer of undertaking, even upon an apparently unique work performance, the employment relationships are twofold: "one, de iure, to be reinstated with the first employer, that shall pay the salaries accrued from the employee's request; the other, de facto, towards the transferee, who actually benefited from the work performances".
Therefore, the termination of the employment with the transferee does not affect the employment with the transferor, that remain in force despite acquiescent.
Court of cassation, n. 26262 of 28 September 2021.

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