The Court ruled that employers cannot freely choose which CCNL to apply based on convenience or internal uniformity. When a company is affiliated with several associations, it must ensure that each group of employees is covered by the collective agreement consistent with the actual work performed and the relevant business sector.
The decision reinforces two key legal principles:
- the binding effect of association membership, which obliges the employer to respect the collective agreements signed by its organisation;
- the constitutional guarantee under Article 36, which requires fair and proportionate remuneration, preventing the strategic use of less favourable agreements.
From a business perspective, this case highlights the importance of a structured internal contractual due diligence process. Companies should periodically verify that the applied CCNL aligns with the real duties and activities carried out by their workforce.
Such compliance reviews help to:
- identify inconsistencies between contracts and functions;
- prevent litigation and reputational risk;
- strengthen credibility as a compliant and socially responsible employer.
In an era where sustainability and governance are integral to corporate reputation, the Supreme Court draws a clear line for corporate compliance: managerial autonomy cannot override contractual fairness.
Carrying out regular due diligence on collective agreements is not merely a legal safeguard — it is a strategic investment in compliance, trust, and long-term competitiveness.
