Riflessioni in tema di dichiarazioni di avvenuto pagamento del lavoratore tra attestazione di scienza e volontà dispositiva

Dessì, Ombretta

2020-01-01

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Abstract

The author focuses on a classic theme of labor law, which is that of balance or discharging receipts mixed with renunciations or transactions, following the very recent interventions of the Court of Cassation on the subject. The objective of the investigation is to establish whether its orientation has changed compared to the recent and less recent past, when verifying the adequacy of the judgments with respect to the general principles of labor law. To center it, the author, after mentioning the issue, reflects on the prevailing jurisprudential orientation, based on the literal interpretation of the certificate of payment and on the objective-integrative one. The analysis takes into account the order of use of the subjective and objective model by the interpreter and the critical issues that afflict each of the two exegetical mechanisms. Subsequently, she wonders about the attitude that the judge must adopt when he has to pronounce on the effectiveness of a mixed receipt with renunciation or transaction issued in one of the protected venues contemplated by art. 2113, 4th paragraph, of the Italian Civil Code. In the last phase of the study, however, starting from the ambiguity with which the Cassation expresses its position in this regard, one wonders what its reason is in the panorama of Italian labor law.