The home of the employee which is configured as an elementary termination of the company consisting of a minimum of company assets necessary for the performance of the work performance also constitutes a company dependency. From this point of view, it was held in particular that the performance of the activity of pharmaceutical sales representative with the use of a computer with an ADSL network connected to the employer company, a mobile phone and a company car, as well as the existence of a deposit of pharmaceutical products in a suitably equipped adjoining room, allow the premises of the house to be classified as an outhouse.
In the dispute between the scientific informant and the employer company, the dismissed employee, in challenging the deed, had acted before the court of the place where he carried out the activity as well as the municipality of domicile. However, the company has objected to the territorial incompetence of the court.
Tuesday, 01 September 2015 – Pharmacist33
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In short, the company had deduced the vagueness and inconsistency of the elements indicated by the employee in order to set up an albeit elementary articulation of the company in his own home, according to the broad notion obtainable from the jurisprudence on the matter. The procedural discipline identifies the judge with territorial jurisdiction for labor disputes by indicating three alternative special forums: the place where the relationship arose, the one where the company is located, the one where the company branch to which the employee at the time of termination. Specifically, the employment relationship had arisen at the only headquarters of the company located in another place, while the existence of a company dependency at the employee's home or in another place in any case falling within the territory pertaining to the judge before the to which the employee had lodged an appeal.
The expression "employee company to which the worker is assigned" must be interpreted in a broad sense, in harmony with the logic aimed at favoring the rooting of the special labor forum in the place of work performance, on the condition, however, that the entrepreneur has that spatial context of at least a nucleus, albeit modest, of assets organized for the running of the business, that is intended for the satisfaction of entrepreneurial purposes; it is sufficient that even a single employee works in this nucleus and it is not necessary that the related premises and related equipment are owned by the company, as they may well be owned by the worker himself or by third parties. Therefore, the home of the employee also constitutes dependency if it is configured as an elementary termination of the company consisting of a minimum of company assets necessary for the performance of the work performance. From this point of view, it was held in particular that the performance of the activity of pharmaceutical sales representative with the use of a computer with an ADSL network connected to the employer company, a mobile phone and a company car, as well as the existence of a deposit of pharmaceutical products in a suitably equipped adjoining room, allow the premises of the house to be classified as an outhouse. The Court of Cassation rejected the appeal, excluding the territorial jurisdiction of the court seised by the worker.
adv. Rudolph Pacific – www.dirittosanitario.net
For further information on the Civil Cassation of Scientific Representatives, dispute regulation and competent judge, on www.dirittosanitario.net at the following area link: http://www.dirittosanitario.net/competenze.php?areaid=47
