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PRESCRIZIONE DELLE PROVVIGIONI E DELLE INDENNITA’ DI FINE RAPPORTO

Qual’è il termine di prescrizione del diritto a richiedere il pagamento delle provvigioni e delle indennità di fine rapporto?

La prescrizione, disciplinata dagli artt. 2934/2936 c.c., è l’istituto giuridico attraverso il quale un diritto si estingue a seguito dell’inerzia del suo titolare. Le parti non possono modificare la disciplina legale delle provvigioni ed ogni patto diretto a tal fine è nullo.

Ai sensi dell’art. 1749 c.c., II° comma, il preponente deve consegnare all’agente un estratto conto delle provvigioni dovute entro il mese successivo al trimestre nel quale sono maturate. Il pagamento deve essere effettuato nel medesimo termine.

Disposizione sostanzialmente analoga è contenuta negli Accordi Economici Collettivi.

L’art. 2984 c.c., IV° comma, stabilisce una prescrizione breve di cinque anni per gli interessi e, in generale, tutto ciò che deve pagarsi periodicamente ad anno o in termini più brevi.

Pertanto, le provvigioni che, come detto, devono essere corrisposte a cadenze trimestrali, si prescrivono in cinque anni con decorrenza dall’ultimo giorno del mese successivo al trimestre.

Anche i premi soggiacciono al medesimo termine quinquennale di prescrizione.

Con riferimento alle indennità di fine rapporto, occorre rifarsi all’art. 2984,c.c., V° comma che stabilisce una prescrizione quinquennale con rifermento alle indennità spettanti per la cessazione del rapporto di lavoro.

Come però ha osservato la giurisprudenza di legittimità maggioritaria, tale norma è chiaramente riferita ai crediti derivanti da rapporto di lavoro subordinato.

Onde per cui, alle indennità di fine rapporto in materia di contratto di agenzia, trova applicazione la prescrizione decennale di cui all’art. 2946 c.c.

Acconsento al trattamento dei dati personali secondo le condizioni espresse nella pagina d’informativa sulla privacy



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