Diritti dei lavoratori e trasferimento d'azienda nel codice della crisi d'impresa e dell'insolvenza. Vecchie e nuove questioni.

The essay takes into consideration the main questions of interpretation that have arisen around the current art. 47, l. n. 428 of 1990 and tries to verify if these issues are destined to be resolved with the entry into force, in August of 2020, of the Code of business crisis and insolvency or if, instead, they are destined to reappear also with the new discipline. The analysis gives varied results. With reference to some questions, first of all that of the compliance of the art. 47, paragraph 4-bis with the European directive 2001/23, the new regulation represents a step in the right direction. The problem, which is more complex, but not less important, of the coordination between insolvency procedures and labour law rules, remains in the shadows and not completely resolved. These problems do not seem to be easily resolved through interpretation, so that the new discipline can also be expected to lead to a certain degree of uncertainty and to the onset of litigation