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Labor Law: service length bonus is considered an unavailable right

  • 13/11/2018

Service length bonus is an unavailable right and therefore not susceptible to renunciation by the worker. This is what the Supreme Court, in the Sentence No. 25315/2018, stated on the appeal proposed by a group of workers who renounced to seniority shots, during a dispute against their employer.

The waiver of length of service bonus, collected by a certain period of the employment relationship, regarding to binding laws or collective agreements, assumes the value of an act, which regulates the effects of the employment relationship in a different way from that one established by the legal system. This determines the invalidity of the waiver, pursuant to article 1418 of the Italian Civil Code.

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