The Supreme Court has once again stated that the termination of the employment relationship of the working shareholder can result both from (i) the adoption of the resolution of the working shareholder from the company and (ii) the adoption of a formal dismissal. Only in the latter case, however, in the presence of the related conditions, it will there be room for the application of the protections connected to the termination of the employment relationship. More precisely: a) compensation in case of loss of the quality of shareholder due to the exclusion resolution adopted by the company, b) protection provided by the labor law legislation in the hypothesis, only theoretical, of the adoption of a dismissal provision in the absence of a resolution of exclusion (see Supreme Court decision No. 35341 dated November 18, 2021).
Avv. Guido Brocchieri
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