Illegitimate dismissal: joint liability between co-employers

  • 12/03/2019

Recalling the civil rules on debt between several co-obligors (Article 1294 of the Civil Code), the Court of Cassation (Civil Cassation, labor section, ruling 11.2.2019 No. 3899) stated that, even if there is no evidence of the existence of a the only center for allocating interest, there is joint liability between several companies where the worker proves that he or she has lent their work indifferently to each of them.

In fact, while the work performance is unique, the recipients and users of the same can be different and, therefore, it is correct to assume that in the case of services rendered in favor of several subjects, everyone must be held responsible, thus configuring a c.d. factual codification in relation to the work relationship in question.


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