Le conseguenze del recesso nel contratto di apprendistato. Quando l’interprete deve colmare il vuoto di disciplina = The consequences of withdrawal in the apprenticeship contract. When the interpreter must fill the gap of discipline. WP C.S.D.L.E. “Massimo D’Antona”.IT – 390/2019

De Angelis , Nicoletta (2019) Le conseguenze del recesso nel contratto di apprendistato. Quando l’interprete deve colmare il vuoto di disciplina = The consequences of withdrawal in the apprenticeship contract. When the interpreter must fill the gap of discipline. WP C.S.D.L.E. “Massimo D’Antona”.IT – 390/2019. [Working Paper]

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Abstract

The author analyses the consequences of the withdrawal in the apprenticeship contract, both when it is exercised during the training phase, and when it intervenes at the end of the training period. While, in fact, in this second hypothesis the employer is removed from the binding regime, being able to withdraw according to the art. 2118, the withdrawal during the formative phase is not regulated by the legislator, who leaves rather to the interpreter the task of deriving the discipline from some fragmentary law provisions. This situation alone demonstrates that the stratified nature of the general discipline of the apprenticeship contract has reverberated on the subject of withdrawal. The numerous and continuous changes that have affected this type of contract have not helped to fill some important gaps. Not even the d. lgs. n. 81/2015, which last intervened on the matter, resolved the controversial hypothesis that is proposed whenever the withdrawal intervenes at the end of the training phase, but in the presence of one of the causes that prohibit the dismissal. The solution of this peculiar case continues to be exclusively entrusted to the jurisprudence, of which the most significant decisions are reported.

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