Labor effects of corporate groups in Italy
| Autor | Nicolò Rossi |
| Cargo | PhD candidate, Catholic University of Milan |
| Páginas | 50-57 |
IUSLabor 3/2017 Nicolò Rossi
50
LABOR EFFECTS OF CORPORATE GROUPS IN ITALY
Nicolò Rossi
PhD candidate, Catholic University of Milan
Introduction
The existence of different forms of corporate links between the companies on the Italian
market is today undoubtedly more usual than in the past. According to the most recent
reports published by the Italian Institute of Statistics92, the number of corporate groups
operating in the country has constantly risen over the last few years. For instance, the
data show that in 2015, corporate groups increased by 3,9% with respect to the previous
year, for a total of 99.273 groups, involving 223.583 undertakings and providing over
5,7 million jobs. In the same period, 18,1% of such corporations were multinational
groups and, more specifically, only 10,1% were controlled by a subject resident in
another state. Notwithstanding, considering both the turnover and the number of
workers, multinationals are generally larger than groups entirely located in Italy.
1. Is there a definition of corporate group or group of companies in your labor
legal system?
In contrast to commercial law, which provides general provisions for companies
exercising management and coordination activities over others (articles 2497 et seq. of
the Civil Code), Italian labor law does not provide a general definition of this
phenomenon. Indeed, in this case, the different types of links existing between several
undertakings are considered from time to time with different aims by very specific rules,
some of which will be mentioned in the following answers.
However, alongside the traditional concept of group the distinct notion of network has
recently become more widespread. The legislator has even adopted the notion of
network in order to define a particular contractual relationship. Specifically, Act n.
92 See, for the year 2015: ITALIAN INSTITUTE OF STATISTICS, Risultati economici delle imprese.
Anno 2015, 2 November 2017, especially p. 1-2 and 5, freely available on the web site:
https://www.istat.it/it/files/2017/11/Report-Risultati-economici-imprese2015.pdf?title=Risultati
+economici+delle+imprese+-+02%2Fnov%2F2017+-+Testo+integrale+e+nota+metodologica.
pdf . For an overview of the situation of the previous years, see: ISTAT, Risultati economici
delle imprese. Anno 2014, 26 October 2016 (https://www.istat.it/it/files/2016/10/Report-
Risultati-economici-imprese-2014.pdf?title=Risultati+economici+delle+imprese+-+26%2Fott%
2F2016+-+Testo+integrale+e+nota+metodologica.pdf); ISTAT, I gruppi di impresa in Italia.
Anno 2013, 19 November 2015 (http://www.istat.it/it/files/2015/11/Gruppi-di-impresa-in-
Italia.pdf?title=Gruppi+di+impresa+in+Italia+-+19%2Fnov%2F2015+-+Testo+integrale.pdf).
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