The Lawyer. Claudio Roscioni intervenes on the obligations of the condominium towards the employees of contractors.
The Condominium is often in difficulty with contractors due to problems concerning the exact fulfillment of the works commissioned to them. When the requested works are not in conformity with the c.d. “Rule of art”, we must resort to exhausting negotiations that, not always, lead to the desired result. However, it may happen that the payment due for the salaries of the employees of the contractor falls on the Condominium. If, in fact, the art. 1676 cod. civ. requires the client (the Condominium) to pay the employees of the company the salaries (or pay differences) due to them, but within the limits of the sums due to the company, as specified by the contract, the Legislative Decree 276/2003, as amended by L. 92/2012, establishes that the Condominium is obliged, jointly and severally with the company (employer) to pay compensation to the workers, including the shares of severance pay, not paid by the company, regardless of the price of the contract.
In essence, within two years of the completion of the restructuring, the Condominium may be called upon to pay the company’s employees all those emoluments not received during the period of the contract. The only way to avoid a condemnation in solidarity, is, therefore, to rely on serious companies, get the DURC and call a lawyer in the drafting of the contract in order to prevent unpleasant surprises.
More info (www.roscioni.com) (studiolegaleroscioni@roscioni.com)
By Roberta Imbimbo
