The Mandate Agreement

The Mandate Agreement

If the mandate contract contains too many employment elements, the contract is converted into an employment contract. It is possible to revoke the contract without justifying the decision to withdraw and to respect it without prior procedure. In the event of termination of an individual employment contract, it is necessary to be included in one of the dismissal cases expressly provided for by Law 53 / 2003 – Labour Code. It may also be necessary to submit to a pre-termination procedure, such as the collective dismissal procedure or the prior disciplinary procedure. B.dem. In a mandate agreement with Monte Titoli S.p.A. (“Monte Titoli”), Monte Titoli agreed to provide the issuer with certain child care and management services regarding guaranteed obligations. The mandate contract and the individual employment contract (“ILC”) are governed differently, so that the ILC is governed by the labour code, while the mandate contract is governed by the Commercial Enterprise Act 31/1990. In addition, the mandate contract has the advantage of not being subject to the formalities required in the case of an individual employment contract (which must contain certain minimum requirements imposed by law).

For an elected official, an agent contract has advantages because he can act as he deems necessary to fulfill his mandate, unlike an employee who still works under the authority of the employer and according to his instructions. At the same time, the conclusion of a mandate contract has drawbacks from the agent`s point of view, not least because the delegate does not benefit from the work protection measures offered to workers by labour law (. B, for example, the protection against dismissal offered to workers in certain situations expressly defined by law, by granting a minimum number of days of rest setting a maximum number of hours worked). As a general rule, both contracts generally have a benefit to a recipient under the work program. Both the individual employment contract and the mandate contract have a common characteristic, i.e. the benefit is compensated by remuneration. We believe that, from the company`s point of view, the mandate contract has advantages over the individual employment contract, particularly with respect to the termination of the contract.


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