26 settembre 2019
Joint liability in Italian State contracts, Italian Court of Cassation Sentence, update

Marazzi & Associati is pleased to share an update prepared by its Senior Advisor Enrico Roberto Dapoto on Judgement no. 22110 of September 4, 2019 of the Italian Court of Cassation, concerning joint liability in tender, more specifically regarding the compensation of  workers, joint liability and claim action.

The principles established are:

  1. As far as the worker's compensations are concerned, joint liability is only of a remunerative nature: this means that other economic claims, such as compensation for damages for unlawful dismissal, remain outside the scope of joint liability;
  2. The period of two years from the end of the tender contract to bring a claim is of a time-limited nature with a view to bringing legal proceedings;
  3. The two-year period does not apply to claims of the Social Security Institution for which the limit is represented by the expiry of the limitation period defined by law. In fact, a different thesis would invalidate the insurance position of the worker - that Article 29 of Italian Legislative Decree no. 276/2003 aims to strengthen - breaking the link between compensation and the fulfilment of the Social Security Contribution obligation without any plausible logical and legally appreciable reason.

Enrico Dapoto, thanks to his career as Italian National Social Welfare Institution’s Supervisory Inspector and to the experience he has acquired in the field of Social Security issues, has been collaborating with Marazzi & Associati since January 2019 in training and supporting companies in issues relating to Italian social security.

For further information please contact Enrico Roberto Dapoto: