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Association participation and employment relationship

Even under the association in participation, the provision for a minimum fee in a fixed amount not is deemed incompatible with the specific case of contract and is not in itself a symptom of a disguised employment relationship.

must also come to that conclusion on the basis of the provisions of art. 86, paragraph II, Leg. September 10, 2003 No 276, which requires participation in the associated all'associante to provide "adequate supply".

In case law: " On the subject of joint ventures, participation in revenues and losses, the respect of working hours in the absence of guidelines, however, about the same and the guarantee of a minimum gain does not apply to exclude a associative relationship. The parties are free to determine the economic participation of the Association who may well be only commensurate with revenues, because even in this case the member, on the one hand, certainly runs the risk of business and, not least the identity of interests between the parties that distinguishes and differentiates' partnership by the employment relationship. There is no doubt, in fact, that even the participation in the revenues there's still a direct involvement in the fortunes of the associated company, since the member who works in a company with negative results is still subject to wider an economic risk "(Supreme Court Civil, sec. lav., February 18, 2009 No 3894 ; Conform: Civil Cassation, sez. lav., April 18, 2007, No 9264, that " the contract of association under Article. 2549 cc, not ostandovi no incompatibility with the type of negotiation, participation in profits and losses may result from the association, as regards the former, in participation in global economic revenue of the company or those of the individual business, so in that no side is irrelevant qualifiers for the reference of the parties to the profits of the enterprise or from the revenues of individual business, and, with regard to the second , in an amount designed to provide, in addition to profit-sharing in the profits is also a fixed fee (to be recognized in each case the associated), the price is not compensatory and work performance, however, not commensurate with the criteria laid down in Article parametric. 36 cost .. )