Studio Legale Pistone

MANCATO PAGAMENTO DELL’AGENTE: LEGITTIMO IL RECESSO PER GIUSTA CAUSA

Il mancato pagamento delle provvigioni all’agente legittima da parte di quest’ultimo l’esercizio del recesso per giusta causa

La Corte di Cassazione, Sezione Lavoro, con una importante sentenza del 2 ottobre 2015, n.19742, ha deciso che è da intendersi per giusta causa il recesso dell’agente commerciale nei cui confronti la società tiene un comportamento non collaborativo, procrastinando il pagamento di quanto dovuto tanto da ingenerare dubbi legittimi sul fatto che avrebbe onorato gli impegni contrattuali. Essendo da ritenersi il recesso per giusta causa, il preavviso deve essere di quattro mesi e va riconosciuta l’indennità di clientela.

I Giudici della Suprema Corte hanno ritenuto valide le motivazioni dell’agente di commercio evidenziando che “il comportamento non collaborativo” tenuto dall’azienda preponente non può essere considerato di scarsa importanza ai sensi dell’art. 1455 del codice civile, poiché insinua dubbi legittimi circa la regolare esecuzione degli impegni contrattuali da parte della preponente stessa.

In tali circostanze, il recesso anticipato dell’agente deve ritenersi sorretto da giusta causa, con la conseguenza che allo stesso va riconosciuto il pagamento delle somme spettanti sia a titolo di indennità suppletiva di clientela, che per indennità di mancato preavviso nella misura di quattro mensilità delle provvigioni maturate nell’anno in cui si è verificata la risoluzione.

La sentenza si inserisce in un filone ormai consolidato che considera il mancato pagamento delle provvigioni legittimo motivo di recesso per giusta causa  e/o di risoluzione per inadempimento da parte dell’agente.

In caso di protratto mancato pagamento delle provvigioni potete rivolgervi allo Studio Legale Pistone, specializzato in contenzioso di agenzia, per valutare la possibilità di promuovere un recesso per giusta causa.

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


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