Termination Agreement Italiano
According to Italian contract law, the new termination contract must contain in the same form all the necessary elements of the initial contract. This is especially important when it comes to its shape. If the original contract was a written contract, the new contract terminating it must also be in writing. If the parties agree to terminate a written contract with an oral agreement, this will have no effect on the termination of the original contract. The employee (or the individual representative) cannot contest the transactions (mutual agreements) that have taken place before the courts, or those that have taken place at the employment office of the province, nor a legislature of the unions (sections 410 and 411 C.P.c.). Termination is offered to the non-defaulting party as a remedy and may be ordered by a judge or, if there is a contractual clause providing for the termination of the contract in the event of non-performance. For non-performance to be a valid ground for termination, Italian law requires that it be attributed to the other party (for example, if the non-performance is due to a global pandemic that has prevented the other party from fulfilling its obligation). Any non-performance of a contractual obligation cannot lead to termination. According to Article 1455 of the Italian Civil Code, it must not be of secondary importance in the light of the interests of the non-defaulting party. In the Italian civil law system, mutual agreement is a contract under which the parties, by making mutual concessions, put an end to a dispute that has already begun or prevent a dispute that may arise between them. This term is contained in Article 1965 of the Italian Civil Code.
The employee is free to waive the rights agreed with the employer in his individual contract, unless these rights are defined by mandatory legal provisions and contracts or collective agreements. It is important to note that the term "mutual agreement" can be misleading in Italy, as it is often used as "dissolution of the employment relationship by mutual consent" ("risoluzione consensuale del rapporto di lavoro"). Article. Article 2113 of the Civil Code stipulates that "waivers and settlements" are not valid if they concern workers` rights that are not valid by the mandatory law or the collective agreement on the relationship of Article 409 of the Italian C.P.c. (including the Agency, if they are granted by a person). These waivers and transactions are null and void and may be challenged/contested by any action, including extrajudicial, within 6 months of termination or the date of the transaction (mutual agreement or waiver) if determined after the date of termination. Termination is related to an event that occurs after the conclusion of the contract and hinders the performance of the obligations contained therein. In accordance with Article 1372 of the Italian Civil Code, a contract may be terminated by mutual agreement or in other cases provided for by law.
This is one of the first events provided for by the Italian Civil Code and is closely linked to the freedom of the parties to conclude a contractual relationship. Therefore, mutual consent can be considered as a separate contract by which the parties can agree to terminate an existing contract in accordance with Article 1321, which states that the contract is the agreement by which two or more parties can establish, regulate or terminate a legal relationship. According to Italian law, the withdrawal must take the same form as the initial contract. For mutual consent to have legal effects, it must be given by all parties who participated in the original contract they wish to terminate. This amicable termination of the employment relationship is usually followed (or is contained in it) by an innovative general agreement in which employees waive any right or measure against the company, instead of receiving an "incentive departure" (in Italian "incentivo all`esodo") from the company, as in the estimates of the potential risks of the individual case. Under Italian law, in the event of non-performance, the non-defaulting party may either ask the defaulting party to comply with its obligation or terminate the contract (Article 1453), without prejudice to a claim for compensation. This only applies to contracts in which both parties are required to fulfil a specific obligation. This specification of the Italian Civil Code is very important because it determines the non-applicability of this article to contracts that include a premium.
However, not all employees are aware of these mandatory regulations. This is why Italian law provides for its protection so that the employee can contest the waiver(s) in this case. . Depending on the nature of the contract, the parties may also decide on the temporal effects that the mutual agreement might have on the original contract: they may decide that it could take effect from that moment on; or it could act retroactively, as if the original contract had not been concluded. Risultati: 58. Esatti: 58. Tempo di risposta: 80 ms. Espressioni brevi frequenti: 1-400, 401-800, 801-1200, Altro The right of withdrawal is the act of the contractual partner to terminate the contract. Such a unilateral act may be lawfully exercised only if it is provided for in the treaty.
The right of withdrawal is usually exercised by the weaker party (e.B to a consumer) and is often a contractual term provided for by law (e.B. consumer law offers the consumer the right to withdraw from the distance marketing of financial services). .