Written by Natascia
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Friday, 02 July 2010 14:43 |
Rome, 1 July '10 (overall) The employer must pay the employee extra contributions INPS for the work carried, even where it is without a regular residence permit. It 'as stated by the Court of Cassation An employment contract entered into with a person without a valid permit, in addition to being a contract in place in violation of the law, a crime. However, the illegality of that contract, it is necessary and sufficient condition that, might rebut a worker's entitlement to pay, and the subsequent payment of contributions for the services rendered, ie, the presence of an obligation to pay would result in the emergence of on payment of contributions, as indeed, provides our Civil Code.
Stoats in motivating the decision made reference to the second paragraph of art. 2126 cc, which recognizes the right to compensation even if the work is undertaken in violation of rules established to protect the employee. From the above-mentioned legislation, points out that the aim pursued by the same worker is to ensure the living conditions and appropriate work. Therefore, given the circumstances, the judges of Piazza Cavour, even in the face of a declaration of invalidity of the employment contract, concluded that the worker can claim the right to their contribution to its earnings el'INPS. agenziafuoritutto.it
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Last Updated on Friday, 02 July 2010 14:53 |