Acceso usuarios
Marco Novella
The essay takes into consideration the question of the possible application of article 2112 c.c. and article 47 of Act n. 428 of 1990 to the transfer of employees caused by a privatisation of local public services. After a reconstruction of the typology of the forms adopted to run local public services, the author focuses upon the interpretation of article 34 of d.lgs. n. 29 of 1993. This provision applies the rights reserved to employees involved on transfer of undertakings to the hypothesis of transfer or conferring of activities by public administration, public bodies or their businesses or structures to public or private subjects. On the author's opinion, even if special provisions are numerous in the matter of local public services, article 34 can be regarded as a general provision. The final part of the essay is dedicated to the perspectives of reform of this matter. In particular, the author pinpoints that the bill A.C. 7042 appears to exclude the application of article 34 to the hypothesis of transfer of undertakings in the management of local public services.
