Transport contract – No applicability of joint liability

In this case the driver asked judicially, under Article 29 of Legislative Decree 276/2003 – better known as “Biagi law”-, the salary differences for overtime / supplementary work from both his employer (carrier) and his client. The Labour Judge ruled out the applicability of the joint liability to the transport contract, rejecting the driver’s request.

We should remember that Article 29 of Legislative Decree 276/2003 applies to contracts, where a system of joint liability of the client is provided.  In fact, according to the Labour Judge, the Article 29 applies exclusively to procurement contracts and not to transport contracts.

This decision is therefore in contrast with the extensive orientation of the system of joint liability which always considers it applicable when there are more subjects in a complex working scenario with diversification between the holders of the employment relationship and its users.