Contributo allo studio della fattispecie del ramo di azienda (art. 2112, comma quinto, cod. civ.) = Contribution to the study of the case of the company branch (art. 2112, fifth paragraph, of the civil code). WP C.S.D.L.E. “Massimo D’Antona”.IT – 363/2018

The increase of the outsourcing processes did not entail the necessary stabilization of the interpretation of the labor law case of the company branch. In the light of the most recent advances of the internal and community jurisprudence, the Sage proposes a re-reading of the constitutive requirements of the case specifying, in particular, the question of the functional autonomy of the company branch, to be understood in a relative manner, and of its pre-existence