So-called “belated commissions” in agency relationships
4 March 2024
Agency contracts are undoubtedly the most peculiar among self-employment relationships, as they require specific features that involve dedicated legal and collective regulation. Such complexity is, in fact, inferable from the provisions regarding the payment of the commissions accrued by agents. Among the benefits provided for agents, the commissions find their source in Italian regulations and […]
Agents are not entitled to a termination indemnity if they take early retirement
21 July 2023
The Italian Supreme Court recently ruled that an agent who retires with early pension requirements is not entitled to the termination indemnity since this case is not included among the exceptions outlined in Article 1751 of the Italian Civil Code that allows an agent who withdraws from the relationship to obtain such an indemnity. The […]Breach of the exclusivity right in agency: damages compensable also by competing agents
25 October 2022
An agent, whose exclusive right has been infringed by the interception of customers by agents assigned to operate in a different area by the same principal is entitled to obtain a compensation for damages, both of a contractual nature, by the principal, and of a non-contractual nature, by competitor agents. In agency matters, the exclusive […]The application of just cause under Section 2119 of the Italian Civil Code to agency relationships.
25 October 2022
The employment relationship of agents has long been the focus of the scholars’ debate regarding its actual nature. Today, while there is an apparent agreement on the framing of the same within the autonomous work, clashes remain heated over some specific elements, one of which concerns the possibility of terminating the relationship for cause under […]