ARTICLES

In short: Facile Ristrutturare S.p.A. is in composition with creditors (concordato preventivo) before the Court of Rome (no. 589/2024). For clients who paid for works never carried out or not finished, the proposed repayment percentage has fallen over time: from percentages of up to 32,83% in the October 2024 plan to 20,04% in the plan filed in January 2025, down to the 5% reported by the press for the latest version of the plan, voted on at the end of May 2026. But the company isn't always the only party you can turn to: those who paid with a loan, used a building bonus or have a contract still open may have different routes. Here you'll find the data from the court records and the choices to make.

Updated to 5 November 2026 on the basis of the records published by the Court of Rome and on the creditors' portal.

The procedure in figures

Item	Figure
Procedure	Going-concern composition with creditors no. 589/2024, Court of Rome
Application	16 September 2024, supplemented on 14 January 2025
Opening	12 March 2025
Liabilities	128,25 million euro, of which 104,83 unsecured
Plan assets	31,30 million euro
Building sites	2.276, of which 442 in litigation or terminated
Clients	Class 7, unsecured creditors
Country	Procedure in progress; latest record consulted dated 12 June 2026

Sources: opening decree of the Court of Rome and notice from the judicial commissioners to creditors.

How much clients can recover from the company

Clients who paid deposits for works not carried out are unsecured creditors: they have no priority and receive only the percentage provided for by the plan, on the plan's timetable.

Version of the plan	Clients
October 2024	between 1% and 32,83% depending on the class
January 2025	20,04%
May 2026	5%

Sources: opening decree (2024), commissioners' notice (2025), Milano Finanza of 27 May 2026.

The records also contain something every client should know. In the opinion quoted in the opening decree, the judicial commissioners' office argued that, after its own adjustments, unsecured claims would receive no payment either in the composition or in a judicial liquidation. The Court nevertheless opened the procedure, and the plan was then amended several times. The plan also provides that any proceeds from damages actions go to clients, for the unpaid part of their claim, through dedicated financial instruments.

In practice: recovery from the company is uncertain and partial. That's why it's worth looking elsewhere too.

What to do straight away in the procedure

1. Notify the commissioners of your claim. The commissioners have asked all creditors to state by PEC, to the procedure's address cp.facileristrutturarespa@pecconcordati.it, the amount of the claim as at 31 May 2024, its origin and the supporting documents, and to provide their own PEC address to receive notices. Without a PEC, communications are only filed in the procedure's case file.
2. Check the amount you're listed for. The list of creditors is prepared by the company. If your claim is higher, for example because of penalties provided for in the contract, it must be documented.
3. Keep track of the deadlines. The vote, court approval and any judicial liquidation have their own time limits, notified by PEC.

Is the contract still open? A choice to make

The records show that the company contacted the clients who, since the start of the composition, had not chosen between performance and termination of the contract, and that 710 clients had not replied or had not been reached.

If your works are at a standstill or never started and the contract hasn't been terminated, deciding what to do with it isn't a detail. This choice determines how much you can claim in the procedure, whether you can act against any finance company and your position regarding the tax bonus. And it's the moment when you can hand the works to another firm without risk of dispute.

The routes outside the company

The law on composition says so expressly: creditors retain their rights against the debtor's co-obligors and guarantors (art. 117 of the Italian Business Crisis Code). There are three main routes.

1. You paid with a loan

If the works were paid for with a loan from a bank or a finance company linked to the renovation contract, art. 125-quinquies of the Italian Consolidated Banking Act provides that the consumer, after formally notifying the company to no avail, may ask the lender to terminate the credit agreement. Termination obliges the lender to refund the instalments already paid and prevents it from claiming the remaining capital. The breach must not be of minor importance.

What counts:

• the loan must be linked to that contract, not a personal loan you took out on your own from your bank;
• the company must be formally notified, even if it's in composition;
• if the loan has already been repaid in full, the Banking and Financial Ombudsman (ABF) has in some cases refused the refund of instalments: this needs checking against the contract.

Here the other party is a solvent intermediary. The route is a complaint and, if that isn't enough, an application to the Banking and Financial Ombudsman (Arbitro Bancario Finanziario, ABF), to be filed within 12 months of the complaint.

2. You used the invoice discount or transferred the tax credit

Many contracts were linked to building bonuses, and the tax credits transferred by clients are today one of the main assets in the plan. If the works weren't completed or don't meet the requirements, in the event of an audit the Italian Revenue Agency may recover the deduction from the beneficiary, i.e. the client (art. 121, para. 5, Decree-Law 34/2020), without prejudice to the joint liability of those who took part in the breach.

Here the question isn't «how much do I recover», but «how much am I at risk, and how do I defend myself». What counts is the state of the works at each progress report (SAL), what the technicians certified and what was reported to the Revenue Agency.

3. There's an insurance policy or a guarantee

For works with tax bonuses, the technicians certifying the works must have professional liability insurance. Some contracts also provide for sureties or policies on the deposits. If a certification doesn't match the works carried out, or if a guarantee covers your deposit, the claim must be addressed to the insurer or the guarantor.

Which documents to prepare

• contract with Facile Ristrutturare and quote;
• payment receipts;
• loan agreement and instalment plan, if any;
• bonus documentation: invoice discount, credit transfer, SAL, certifications;
• communications received from the company or the judicial commissioners;
• photos of the state of the works.

Check your case

Three questions, one minute: we'll show you straight away which of these routes may concern you. If you like, a lawyer from the Legaless network will get back to you for an initial assessment, with no commitment, and before any work will tell you the costs and timescales in writing.

Open the questionnaire

Frequently asked questions

Has Facile Ristrutturare gone bankrupt?

No, at least as of the latest records consulted. The company is in going-concern composition with creditors before the Court of Rome, procedure no. 589/2024, opened on 12 March 2025. If the plan weren't approved or confirmed, judicial liquidation, which replaced bankruptcy, would be opened.

How much does Facile Ristrutturare repay its clients?

It depends on which version of the plan is confirmed. The percentage for the clients' class went from percentages of up to 32,83% in the October 2024 plan to 20,04% in the January 2025 plan, down to the 5% reported by the press for the version voted on in May 2026. Payment is made in instalments, on the plan's timetable.

How do I notify the judicial commissioners of my claim?

By PEC to the procedure's address, cp.facileristrutturarespa@pecconcordati.it, stating the amount of the claim as at 31 May 2024 and its origin, and attaching the contract, receipts and documents. In the same PEC it's best to give your own PEC address to receive communications.

I paid with a loan: do I have to keep paying the instalments?

Don't stop paying on your own initiative: non-payment can lead to a report to credit databases. If the loan is linked to the renovation contract, you can ask the lender to terminate the agreement and refund the instalments paid (art. 125-quinquies of the Italian Consolidated Banking Act), with a complaint and, if needed, an application to the Banking and Financial Ombudsman.

Can the Revenue Agency ask me to pay back the bonus?

Yes, if the works don't meet the requirements or the deductions turn out not to be due, recovery concerns the beneficiary first. The risk depends on the state of the works, the progress reports (SAL) and the certifications: it must be assessed on the site documents.

Can I have another firm finish the works?

Yes, but first it's best to clarify what happens to the contract with Facile Ristrutturare: if it's still in force, handing the works to others without terminating it can lead to disputes and complicate your position on the bonus.

Do I have to have a lawyer?

Not always. The PEC to the commissioners, the complaint to the lender and the application to the ABF can also be filed on your own. A lawyer is useful to choose the right route, quantify the claim, prepare arguments and documents and, when needed, take legal action.

Sources

• Court of Rome, decree opening composition with creditors no. 589/2024, 12 March 2025.
• Judicial commissioners, notice to creditors under art. 104, para. 4, CCII.
• Delegated judge, order of 16 April 2026, and public notice from the commissioners of 12 June 2026 on the transfer of tax credits.
• Creditors' portal, procedure 589/2024.
• Milano Finanza, 27 May 2026, on the vote on the amended version of the plan.

The information on this page is general in nature and is no substitute for advice on the specific case.

If you've had an accident at work, the first cover comes from INAIL, the compulsory accident insurance paid for by your employer. But INAIL benefits don't cover everything: in some cases you can also claim additional compensation from your employer.

Here's how the system works, step by step.

What to do straight after an accident

The first few hours are decisive for both your health and your rights:

1. Get the treatment you need (A&E, GP)
2. Get the medical certificate with the diagnosis and prognosis (this document is the basis of everything)
3. Report the accident to your employer straight away (even verbally, then confirming in writing)
4. The employer must send the INAIL report within 2 days of receiving the medical certificate
5. Keep all the documents (reports, certificates, receipts for medical expenses).

What INAIL covers

INAIL covers any accident that happens at work or while commuting (on the journey from home to work and back, by own or public transport).

The first days

• Day of the accident: paid by the employer
• Days 2 and 3 (waiting period): paid by the employer (unless the national collective agreement provides otherwise)
• From day 4 onwards: INAIL pays the daily allowance (60% of average daily pay for the first 90 days; 75% from day 91).

Compensation for permanent disability

If the accident leaves a permanent impairment, INAIL calculates the percentage of biological damage and pays:

Disability percentage	INAIL compensation
Less than 6%	No INAIL benefit (excess)
From 6% to 15%	Lump-sum benefit (one-off payment)
Over 16%	Monthly life annuity

The INAIL tables are updated periodically: check the latest version in force.

Differential damage: when you can claim more

INAIL covers biological damage and part of the financial loss, but not necessarily all of it. If the employer is responsible for the accident (through their own fault or that of their employees), you can claim the differential damage — i.e. the difference between what INAIL paid and the full compensation you'd be owed in civil proceedings.

Differential damage includes:

• Non-pecuniary damage (personal suffering) — not covered by INAIL
• Loss of earnings (future income lost) — if the INAIL annuity doesn't cover it in full
• Medical expenses not reimbursed by INAIL

*Condition: to obtain the differential damage, you must prove the employer's fault (breach of workplace safety rules – Legislative Decree 81/2008). If the employer complied with all the rules and the accident was a pure mishap, the differential damage is much harder to obtain.

Commuting accident

A commuting accident (on the journey between home and work) is covered by INAIL on the same terms as an accident at the workplace, but with some limitations:

• If you use a private car, its use must be necessary (e.g. no public transport available or incompatible timetables)
• Any detour from the direct route must be justified (e.g. taking the children to school – case to be checked individually)
• An accident caused solely by the employee's gross negligence may reduce or exclude cover.

How to challenge INAIL's decision

If INAIL rejects the report, recognises too low a disability percentage or calculates the annuity incorrectly:

1. Administrative review – ask INAIL to reconsider its decision
2. Appeal to the Regional Committee – within 60 days of INAIL's notice
3. Appeal to the Court – if the review doesn't resolve it

Don't lose your rights: the time limits

➝ The employer must file the accident report within 2 days (otherwise the employer is penalised, but your rights remain)
➝ An appeal against the INAIL decision must be filed within 60 days
➝ The claim for differential damage against the employer is time-barred 3 years after the accident (non-contractual liability)

❓Frequently asked questions

Does INAIL pay even if the accident is my fault?

Yes. INAIL also covers accidents to which the employee contributed, except for wilful misconduct or gross negligence solely on the employee's part in specific cases.

Can I claim both INAIL compensation and damages from my employer?

Yes, but you can't be compensated twice for the same item of damage. INAIL covers some items; from the employer you can claim what INAIL hasn't covered (non-pecuniary damage, differential).

If I'm not registered with the company (undeclared work), am I covered by INAIL?

Yes. Undeclared workers are also protected by INAIL. In the event of an accident, INAIL pays and then recovers the amount from the employer who didn't pay the insurance premiums.

What happens if the employer doesn't report the accident to INAIL?

You can report it to INAIL yourself within the limitation period. The defaulting employer is subject to penalties.

Have you had an accident and want to understand what you're really entitled to? Our lawyers assess your INAIL position and any liability of your employer to get you the compensation you're entitled to.

Information provided by Legaless® — it does not replace legal advice. For an assessment of your specific case, speak to a lawyer from our Team.

For a small business, an unpaid invoice isn't just an accounting problem: it can freeze cash flow, hold up payments to your own suppliers and, in the worst cases, put the whole operation at risk. Yet many business owners wait months before acting, hoping for a spontaneous solution that rarely comes.

This guide explains the practical steps to recover a debt quickly and effectively.

The SME advantage: the law is on your side

In commercial transactions between businesses, Legislative Decree 231/2002 provides specific protection for creditors:

• Automatic late-payment interest from the 30th day after the due date (no formal notice needed)
• Rate of 10,15% a year for the first half of 2026 (ECB + 8 points)
• €40 flat fee for each late invoice (art. 6 Legislative Decree 231/2002)

If your invoices are due at 60 days and the customer pays at 120, you're already accruing interest and flat-rate compensation that you can claim.

The three most common mistakes SMEs make in debt recovery

1. Waiting too long. Every month without action reduces the chances of getting paid: the debtor may become insolvent, move assets or start insolvency proceedings. The limitation period for trade debts is 10 years, but don't wait.

2. Trusting verbal promises. “I'll pay you next week” doesn't stop the limitation period or protect you. Get every promise to pay in writing (email, certified email) and keep it as evidence.

3. Giving up so as not to “spoil the relationship”. The business relationship is already damaged when the customer doesn't pay. Acting professionally and promptly protects your company, and it's often exactly what pushes the debtor to settle.

The best sequence for an SME

Stage 1 — Internal reminder (0-30 days after the due date)

Before involving a lawyer, your accounts office sends a formal email quoting the invoice number, amount and due date. If you have a sales manager, they can contact the customer's contact person to understand the situation.

Stage 2 — Formal notice of default (30-60 days)

If the reminder gets no result, it's time for a formal notice of default by certified email (PEC) or recorded delivery. At this point it's worth involving a lawyer: a letter signed by a lawyer has much more impact and often settles the matter without going to court.

Stage 3 — Legal negotiation

The lawyer contacts the debtor on your behalf and weighs up the options: full payment, a repayment plan, a settlement. Where there are several debts from the same customer, negotiating them all together is often more efficient than separate proceedings.

Stage 4 — Payment order

If negotiation doesn't work, a payment order is the fastest tool available: the judge issues the order to pay in 15-60 days, without hearing the other side. If it isn't challenged, it becomes enforceable and you can seize the debtor's assets.

For SMEs with several unpaid debts from the same debtor, a single application can cover all the invoices.

When to assess the debtor's solvency before going ahead

There's no point spending on legal fees if the debtor is already insolvent. Before starting court proceedings, check:

• Up-to-date company register extract: company situation, registered office, any insolvency proceedings under way
• Protests: protested bills of exchange and cheques are signs of insolvency
• Insolvency proceedings: if the debtor is in composition with creditors or bankruptcy, the rules change completely (you'll have to file a proof of claim)

A specialist lawyer can carry out these checks before deciding on a strategy.

Claims against the Public Administration?

If your debtor is a public body (municipality, health authority, state body), the rules of Legislative Decree 231/2002 apply with some differences:

• Standard term: 30 days (extendable to 60 days by agreement or for health authorities)
• Enforcement against the Public Administration has specific limitations
• There are alternative tools such as non-recourse assignment of the claim to banks or factors

Debt recovery and debt purchase platforms: when to consider them

Some platforms buy the unpaid debt at a reduced value (typically 30-70% of face value), removing the risk of the debtor's insolvency. It's only worthwhile when:

• You've assessed that the debtor is unlikely to be solvent
• The cost/benefit of legal action isn't favourable
• You urgently need liquidity

For recoverable debts, the legal route (notice of default + payment order) almost always produces a better result.

How much does debt recovery cost for an SME?

Costs vary depending on the amount and complexity, but here's a rough estimate:

→ Formal notice of default through a lawyer | €150-300 (often included in an initial consultation) |
→ Payment order | €800-1.500 lawyer's fee + out-of-pocket expenses |

NB. Legal costs can be recovered from the debtor if they don't object to the order or if, should they object by in turn paying a lawyer, you win the case.

How Legaless can help you

Legaless offers SMEs a fully digital debt recovery service: no face-to-face meetings unless you want them, a transparent quote before starting, and complete handling from the notice of default to the payment order.

Information provided by Legaless® — it does not replace legal advice. For an assessment of your specific case, speak to a lawyer from our Team.

Contract clauses never to sign (or to negotiate with care)

A contract that looks standard is rarely neutral. Many clauses, especially when written in technical and apparently harmless language, can tie your hands, expose you to disproportionate penalties or deprive you of essential rights.
Here are the 8 clauses you should always read twice before signing.

1. Total and unlimited exclusivity

What it looks like:

“The Supplier undertakes to work exclusively for the Client for the entire term of the contract.“

Why it's risky:
If you're a freelancer or an SME, an absolute exclusivity clause stops you having other clients, even if the client only gives you 10 hours of work a month. The result is that you're tied but don't earn enough.
What to ask for instead:
Exclusivity limited to the client's specific sector, with a guaranteed minimum number of hours/orders a month.

2. Disproportionate penalties with no cap

What it looks like:

“For each day of delay in delivery, the Supplier shall pay a penalty of €5.000.”

Why it's risky:
Without a maximum cap, the penalty can add up to more than the value of the contract itself. A 10-day delay on a €20.000 contract could cost you €50.000 in penalties.
What to ask for instead:
A reasonable daily penalty (1–2% of the order value) with a maximum cap (e.g. not more than 10% of the total price).

3. Automatic assignment of all intellectual property rights

What it looks like:

“All rights, title and interest in the work performed are assigned to the Client from the date this contract is signed.”

Why it's risky:
If you're a creative, a developer or a consultant, this clause assigns your work (including code, design, texts, methodologies) before you've even been paid. And it often includes earlier work that you've reused.
What to ask for instead:
The rights pass on full payment; the Supplier keeps the right to use general methodologies and tools; the portfolio is expressly authorised.

4. Foreign court or unfavourable arbitration

What it looks like:

“Disputes shall be settled exclusively before the Court of [foreign city] / by the arbitrator appointed by [the Client's organisation].“

Why it's risky:
A foreign court means huge costs (travel, local lawyers) for any dispute, even a small one. An arbitrator appointed unilaterally by the client isn't neutral.
What to ask for instead:
The court of your domicile/registered office, or arbitration with an arbitrator appointed by mutual agreement or by a third-party institution (e.g. the Rome Chamber of Arbitration).

5. Tacit renewal without adequate notice

What it looks like:

“The contract renews automatically for the same period unless notice is sent at least 90 days before expiry.“

Why it's risky:
If you forget or don't read the clause, you find yourself tied for another year. With an exclusivity clause included, the consequences can be serious.
What to ask for instead:
30 days' notice, with the Client obliged to remind you 30 days before the deadline for withdrawing.

6. Unlimited liability clause

What it looks like:

“The Supplier is liable without limit for any direct, indirect or consequential damage caused by the breach.“

Why it's risky:
Liability for consequential damage (the client's lost profit, lost opportunities, damage to third parties) can be devastating and impossible to estimate in advance. For a single freelancer or SME, consequential damage can wipe out years of revenue.
What to ask for instead:
Liability limited to the value of the contract, with indirect damage expressly excluded.

7. Unilateral change of the terms

What it looks like:

“The Client reserves the right to amend the terms of this agreement with 15 days' notice.“

Why it's risky:
It means the client can change prices, volumes, conditions and deadlines without your agreement. It's a typical clause of digital platforms towards their suppliers/partners.
What to ask for instead:
Any change requires the written agreement of both parties. If you don't accept, the contract continues on the original terms until it expires.

8. Post-contractual non-compete obligation without limits

What it looks like:

“For the 5 years following termination of the relationship, the Supplier may not carry out competing activities in any sector.”

Why it's risky:
A non-compete covenant that is too long, too broad or unpaid is disproportionate and, in many cases, void or reducible by the court. But in the meantime it “scares” you and holds you back.
What to ask for instead:
Maximum duration of 1–2 years; specific sector limited to the client's business; financial consideration for the restriction (required by case law when it's significant).

What to do if the contract contains these clauses

• Don't sign straight away: ask for time to have the contract reviewed
• Propose written changes: any change must be accepted in writing, not verbally
• Assess the risk: some clauses are negotiable, others point to a client you'd better not work with
• Have the contract reviewed by a lawyer: the cost of a review is minimal compared with the risk of a harmful clause

The Legaless team can review your contract, highlight the risky clauses and suggest better solutions.

Frequently asked questions

Is a standard contract always valid?

Generally yes, unless it contains clauses that breach mandatory rules (e.g. unfair terms in B2C contracts such as those in art. 33 of the Italian Consumer Code) or that are void by law (e.g. disproportionate non-compete covenants). In B2B contracts between businesses, protection is weaker and it's important to negotiate knowingly.

Can I change a contract I've already signed?

Yes, with an addendum or an amending agreement signed by both parties. Verbal changes have no contractual value.

What happens if I sign a clause that's later declared void?

The void clause has no effect. The rest of the contract usually remains valid, unless the nullity affects an essential part.

This article is for general information purposes. Contract clauses must be assessed in their specific context by a lawyer.

Hasn't your employer paid your TFR? Or have they paid it, but the figures don't add up?

The TFR (Trattamento di Fine Rapporto, the “severance pay”) is your right, not a favour from your employer. If it doesn't arrive on time, you have specific tools to recover it: here they are in order, from the simplest first step to the INPS Guarantee Fund.

In short: the TFR (severance pay) is always due, even if you resigned. If it isn't paid: first a written request, then a lawyer's formal notice or the Labour Inspectorate, and finally a payment order. If the company is bankrupt or insolvent, the INPS Guarantee Fund pays. You have 5 years from the end of the employment.

When the TFR must be paid

The TFR must be paid at the end of the employment, whatever the reason: dismissal, resignation, expiry of the contract, retirement. You don't lose the TFR if you resign.

The timing depends on the national collective agreement (CCNL) applied. If the CCNL says nothing, as a rule the TFR must be paid with the last payslip or in any case within a few months of the end of the employment.

How the TFR is calculated

Each year a portion equal to the annual pay divided by 13,5 is set aside. The accumulated portions are revalued every year by a fixed 1,5% plus 75% of ISTAT inflation.

• If the TFR has stayed with the company, the employer pays it directly.
• If you've joined a pension fund, the part paid into the fund is managed by the fund, not by the employer.

Wrong or miscalculated TFR: what to do

Sometimes the TFR arrives, but it's lower than it should be. The most frequent errors:

• pay items left out of the calculation (it depends on what the CCNL provides);
• annual revaluation not applied, or only partly applied;
• advances already received deducted twice, or periods of work not counted.

The first step is to ask in writing for the TFR calculation statement and compare it with your payslips. If the figures don't add up, the difference is recovered with the same steps as for unpaid TFR, below.

Step 1 — The written request

Send your employer a recorded-delivery letter with return receipt or a PEC asking for payment of the TFR. State:

• the period of employment;
• the amount you're owed, even if calculated approximately;
• a deadline for payment (15-30 days).

This letter puts your request in black and white and interrupts the limitation period.

Step 2 — The lawyer's formal notice

If the employer doesn't reply or refuses, the next step is a formal notice signed by a lawyer. It carries more weight than your own letter and is often enough to unblock the situation.

The notice states the exact amount, interrupts the limitation period again and prepares any court action.

Alternatively: the Labour Inspectorate

You can also turn to the local Labour Inspectorate, free of charge. Two tools:

• Single-member conciliation: the Inspectorate calls you and the employer in to reach an agreement. If the employer pays, the matter is closed.
• Assessment order (diffida accertativa): if the inspector establishes the claim, they order the employer to pay. If within 30 days the employer doesn't pay, doesn't settle and doesn't challenge it, the order becomes an enforceable title.

It's a useful route when the employer can pay but doesn't respond. If the company is in crisis, it's better to go straight for the payment order and the INPS Guarantee Fund.

Step 3 — The payment order

If even the order doesn't work, you ask the employment judge for a payment order: the TFR is a certain, liquidated and due claim, ideal for this procedure.

If the employer doesn't object within 40 days of service, the order becomes final and you can proceed to attach the company's bank accounts, assets or property.

If the company is bankrupt or insolvent: the INPS Guarantee Fund

If the company is bankrupt, in liquidation or otherwise unable to pay you, the INPS Guarantee Fund steps in.

What it covers:

• the TFR accrued and not paid;
• the last 3 months of unpaid salary.

When you can apply:

• when the employer is insolvent, even without bankruptcy proceedings;
• after obtaining a title establishing your claim (judgment, final payment order, settlement record).

How to apply:

1. obtain the title establishing the claim;
2. prove the employer's insolvency (statement of liabilities in the bankruptcy, or an unsuccessful attachment);
3. submit the application online on the INPS website.

By when: the limitation period for the TFR

The TFR is time-barred 5 years after the end of the employment. Once 5 years have passed without any request, the right is lost.

If you stopped working 2-3 years ago and the TFR still hasn't arrived, act now.

TFR unpaid after 5 years: is it lost?

As a rule, yes. But every written request for payment (recorded-delivery letter or PEC) interrupts the limitation period, and from that moment the 5 years start again from scratch. Before giving it up for lost, check whether you sent anything in writing over the years.

TFR and pension fund

If during the employment you joined a supplementary pension fund, each month part of the TFR went to the fund. In this case:

• the part paid into the fund isn't claimed from the employer: the fund manages it;
• any part left with the company is recovered from the employer, with the steps seen above.

How Legaless can help you

Have you stopped working and the TFR still hasn't arrived, or does it look wrong? A Legaless employment lawyer can assess your case and tell you which route is right.

Frequently asked questions

If I resigned, do I lose the TFR?

No. The TFR is due whenever employment ends, including voluntary resignation.

Can the employer withhold the TFR if I owe the company damages?

Generally no: they can't set it off on their own. Any claims the company has against you must be established by a judge.

How long does it take to get the TFR from the INPS Guarantee Fund?

It depends on INPS: on average from 6 months to 1-2 years. It's not immediate, but the payment arrives even if the company has no money left.

And if the company isn't bankrupt but doesn't pay?

Even without bankruptcy, if you prove that nothing can be recovered (for example with an unsuccessful attachment), you can apply to the Guarantee Fund.

Can I also claim interest?

Yes. Late-paid TFR attracts statutory interest and monetary revaluation, which the judge adds automatically.

Does an employer who doesn't pay the TFR commit an offence?

As a rule, no: non-payment of the TFR is a civil breach, recovered with the routes seen above. Failure to pay social security contributions is a different matter, with its own rules.

Applicable law

• Art. 2120 of the Italian Civil Code: rules on and calculation of the TFR.
• Art. 2948 no. 5 of the Italian Civil Code: 5-year limitation period.
• Art. 2943 of the Italian Civil Code: interruption of the limitation period.
• Art. 429 of the Italian Code of Civil Procedure: interest and revaluation on employment claims.
• Arts. 11 and 12 Legislative Decree 124/2004: single-member conciliation and assessment order.
• Art. 2 Law 297/1982: Guarantee Fund for the TFR.
• Legislative Decree 80/1992: Guarantee Fund for the last three months' pay.

This article is for information purposes and is no substitute for legal advice on your case.

In a hyperconnected world where information travels at the speed of light, protecting your secrets is a priority.

If you have a revolutionary idea, sensitive company data or a secret recipe, you can't let it all fall into the wrong hands, can you?

This is where the confidentiality agreement or non-disclosure agreement comes in (also known as an NDA, for those who like to sound more international): a contract that says clearly “This information is off-limits to everyone except us”.

Let's take a closer look.

What is an NDA?

It's a contract between two (or more) parties in which at least one of them undertakes not to disclose specific information received during a collaboration, a job interview, a consultation or anything else.

For example: imagine you're working with a company to develop an innovative product.
❌ Without an NDA, your partner could share the project details with someone else, perhaps a competitor.
✅ Con un NDA, invece, lo obblighi legalmente a keep the information to themselves, on pain of financial or legal penalties.

What is an NDA for?

An NDA is a practical tool for protecting:

📌 Trade secrets: financial plans, marketing strategies, patents and so on.

📌 Future projects: such as partnerships or ideas in development.

📌 Sensitive information: for example, customer data or proprietary technology.

In other words, an NDA makes sure that the competitive advantage that comes from holding certain information stays in your hands.

How does an NDA work?

A well-drafted NDA must cover these key points:

🎯Who is involved: it specifies the parties bound by confidentiality.

🎯 Which information is protected: the agreement must list precisely what counts as “secret”. Writing “all available information” isn't enough: it's better to refer to “technical documents, plans, customer data and any material shared as part of project X”.

🎯 Duration of the obligation: the agreement can be limited in time (e.g. 3 or 5 years) or open-ended. Careful: the duration must be balanced by something in return.

🎯 Consequences of a breach: here you shouldn't get carried away; be reasonable. A look at the Civil Code and case law can be a great help…

A concrete example? A company could have its employees sign an NDA forbidding them from disclosing customer data for 3 years after leaving.
Yes, the agreement can last beyond the end of the employment!

When to use an NDA?

This contract is particularly useful in situations such as:

✅ Colloqui di lavoro: when a company needs to disclose sensitive information to a candidate to assess their skills.

✅ Collaborazioni tra aziende: for example, when two companies are discussing a strategic partnership that must stay confidential.

✅ Rapporti con freelance o consulenti: if an outside designer develops your logo or a consultant helps you improve your business, you don't want them sharing those details with other clients, do you?

✅ Ambiti creativi o innovativi: if you have a brilliant idea, signing an NDA before sharing it with investors or potential partners is always a good idea.

Conclusion

An NDA is like insurance: it protects you from risks that could cost you dearly.

Whether you're hiring a new collaborator, working with a strategic partner or developing an innovative project, a well-made NDA is always a great ally.

Online you can find various ready-made templates to use as a basis for your NDA.

If, on the other hand, you want something more technical and tailored to your needs, you can use the interactive Tailor-made contracts system [LINK] we created on Legaless® to build the NDA that's right for you.

Applicable law

• Italian Civil Code: contains no express rules on confidentiality agreements, which are derived indirectly from the general principles of contract, including:
  • Art.1375: Good faith in the performance of contracts
  • Art. 2105: The employee's duty of loyalty
  • Art. 2598: Acts of unfair competition
• Italian Industrial Property Code (CPI) – Legislative Decree no. 20/2005: 
  • Art. 98: Protection of confidential information
  • Art. 99: Unauthorised use of confidential information
• Italian Criminal Code
  • Art. 622: Disclosure of professional secrets
  • Art. 623: Disclosure of scientific or industrial secrets

You've just found your dream job, signed the contract, and you're over the moon. Then you notice a clause you hadn't seen: the non-compete covenant (you'll also find it called a non-competition agreement or clause, or non-compete).

The question arises naturally: “Seriously, if I leave this job, can't I even look at the competitors?” 😱

Calm down. The rules are written in the Civil Code, and they're stricter with whoever drafts the covenant than with whoever signs it. Let's look at them one by one.

In short: a non-compete covenant restricts working for a competitor after the employment ends. It's valid only if it's in writing, provides for payment and sets clear limits on activity, time and place. It lasts at most 3 years (5 for executives). Without payment, or with excessive limits, it's void.

What a non-compete covenant is

While you're working, you can't compete with your employer: this is the duty of loyalty under art. 2105 of the Italian Civil Code, and it applies to all employees, without the need to sign anything.

When the employment ends, on the other hand, you're free to work for whoever you like, even a direct competitor. The non-compete covenant (art. 2125 of the Italian Civil Code) is the agreement by which you give up part of this freedom after the end of the employment, in return for payment.

Its purpose is to protect the company: to prevent clients, strategies and confidential know-how from going to a competitor along with you. It's legitimate, but only if it respects precise limits.

Covenant, agreement, clause: is it the same thing?

Yes. “Non-compete covenant”, “non-competition agreement”, “non-compete clause” and the English non-compete agreement mean the same thing. It can be a separate document or a clause within the employment contract: the rules don't change.

The requirements: when the covenant is valid

The covenant is valid only if it has all of these elements:

• In writing. A verbal covenant is worthless.
• Payment for the employee: the restriction must be paid for.
• Limits on activity: which jobs you're barred from.
• Limits in time: for how long.
• Limits of place: in which territory.

Then there's a limit the courts always check: activity, time and place, taken together, can't in practice stop you working in your field. A covenant that bars you from any activity in your sector, across the whole of Europe, leaves you without a trade: and indeed it is declared void.

How long the non-compete covenant lasts

The maximum duration is set by law and runs from the end of the employment:

• 3 years for clerical staff, middle managers and manual workers;
• 5 years for executives.

If the contract provides for a longer period, the covenant isn't void in its entirety: the duration is automatically reduced to the legal maximum.

The payment: how much it must be

The law doesn't set a figure, but two rules are now clear.

• It must be adequate for the sacrifice you're asked to make: the broader and longer the restriction, the higher it must be. A token payment makes the covenant void.
• It must be determined or determinable at the time of signing: you must be able to know from the outset how much you're entitled to. The Court of Cassation confirmed this in 2024.

Beware of payment made in the payslip, month by month, during the employment: the total depends on how long the employment lasts, and some judges therefore consider it not determinable. It's one of the points on which a covenant is most often disputed.

When the non-compete covenant is void

The covenant is void, and therefore doesn't bind you, if:

• it isn't in writing;
• it doesn't provide for payment, or the payment is token or not determinable;
• the limits on activity, time or place are missing, or are so broad as to stop you working;
• it leaves the employer free to change its terms unilaterally (for example widening the territory) or to decide on their own whether to enforce it or waive it.

If, on the other hand, the duration exceeds the legal limits, the covenant remains valid but is reduced (see above).

Can it be “got round”? How to get out of it lawfully

Those looking for ways to get round a non-compete covenant usually want to know one thing: “can I take that new job?”. These are the lawful routes.

1. Check whether the covenant is valid. If one of the requirements above is missing, it doesn't bind you. It's the first check to make, before any decision.
2. Read the activity and territory carefully. The restriction covers only the activities and places stated: a different job, or one in another area, may be entirely free.
3. Negotiate with your former employer. The covenant can be dissolved by written agreement, often by returning all or part of the payment received.

What doesn't work: working for the competitor through a front person, a company or as a self-employed contractor. What counts is the activity you carry out, not the form: it's still a breach.

What happens if you breach the covenant

If the covenant is valid and you breach it, your former employer can:

• ask you to return the payment received;
• claim damages, or the penalty if the covenant provides for one;
• ask the court, even urgently, to order you to stop the prohibited activity.

That's why, before signing with the new employer, it's worth having the covenant checked.

Non-compete covenants between businesses and for agents

The covenant doesn't only concern employees.

• Between businesses (for example when a business is sold or in a supply contract) art. 2596 of the Italian Civil Code applies: it must be proven in writing, must concern a certain area or a certain activity and can't last more than 5 years. Here payment isn't mandatory.
• For commercial agents art. 1751-bis of the Italian Civil Code applies: at most 2 years from the end of the contract, same area, customers and products, and the agent is entitled to an indemnity.

An example clause

Just to see what it looks like, always to be adapted to the specific case:

“The Employee undertakes, for 12 months from the termination of the employment for any reason, not to carry out, on their own account or as an employee of third parties, activities of [precise description] in competition with the Company in the territory of [region or provinces]. In return for this undertaking the Company shall pay the Employee an amount equal to [x]% of gross annual pay, to be paid [method and dates].”

Activity, duration, territory and payment are all written down and measurable: that's what makes a clause defensible.

How Legaless can help you

Do you have a covenant to sign, or one already signed that's holding you back? With Legaless® Online Services you can have your contract reviewed by a lawyer and receive an opinion on your case.

Applicable law

• Art. 2105 of the Italian Civil Code: duty of loyalty during employment.
• Art. 2125 of the Italian Civil Code: employee non-compete covenant.
• Art. 2596 of the Italian Civil Code: limits on competition between businesses.
• Art. 1751-bis of the Italian Civil Code: non-compete covenant in agency contracts.
• Art. 1341 of the Italian Civil Code: onerous clauses in contracts.
• Court of Cassation, order no. 10679/2024: the covenant is void if the payment is neither determined nor determinable.

Not all occasional work is the same? That's right, because occasional work can be self-employed or carried out under someone else's direction and, depending on the case, the rules and formalities change.

So let's see whether the Occasional Work Contract (PrestO) is right for you.

1. Who can request occasional work?

📌 Business owners, professionals, the self-employed, associations, foundations and private bodies.

📌 Users with fewer than 10 permanent employees.

For those who organise conferences, trade fairs and events, or run spas or amusement parks, the limit rises to 25 employees.

⚠️But careful: businesses in construction, mining and public contracts, for example, are excluded. And for public administrations, PrestO is only valid in specific areas, such as cultural events or natural disasters.

2. Who can be an Occasional Worker?

Anyone can be an occasional worker, but there are some rules to follow. PrestO cannot be used with someone who:

🚫 Already has an employment contract in place with the same employer.

🚫 Has ended an employment or continuous collaboration with that employer in the last 6 months.

If you break this rule, the relationship will be treated as full-time and permanent from the start, with all the employment-law consequences that follow.

3. How is the occasional worker paid?

Here are the figures you need to know:

• 👷🏼‍♂️ The worker > must receive at least 9 euros net per hour.
• 🧑🏼‍💼 The user (the client) > must pay at least 12,41 euros per hour (contributions included).

⚠️But careful! Even if the worker only works one hour, they must be paid for at least 4 hours.

4. Earnings limits: no minefield, but watch out for the caps 💰

To prevent abuse, there are limits both for those who offer the work and for those who do it:

👷🏼‍♂️ Limits for the worker:

• They cannot earn more than 5.000 euros a year from all clients combined.
• With the same client, the limit falls to 2.500 euros*.

🧑🏼‍💼 Limits for the user:

• They cannot pay more than 10.000 euros a year to all occasional workers combined.
• For those working in sectors such as trade fairs or events, the cap rises to 15.000 euros.

✅Un piccolo vantaggio è previsto per i lavoratori svantaggiati (pensioners, students, unemployed people): for them, fees are calculated at 75%; users can therefore pay up to 12.500 euros a year

5. Maximum duration and activation of the contract ⏱️

Another thing to know is that a worker cannot exceed 280 hours a year with the same user. The user must also ensure that breaks and daily and weekly rest periods are respected.

Whereas in the past a so-called “occasional work receipt” was enough, today the work has to be registered through the INPS portal (“Occasional work and family booklet”). You must:

📌 Register both the employer and the worker.

📌 Top up the user's online wallet with the necessary funds (PagoPA or F24).

📌 Notify, at least 60 minutes before the work starts: the worker's details, place, duration and pay.

If the work is cancelled, it can be revoked within 3 days. After that, INPS goes ahead with the payment anyway.

A contract for everyone❓ Yes and no

The Occasional Work Contract is a great tool for one-off situations, but the rules must be followed to the letter to avoid fines or problems with the bureaucracy.
It's ideal for one-off “odd jobs”, but not suited to work that risks becoming continuous or particularly well paid.

If you're thinking of writing an occasional work contract, you can find a thousand fill-in templates online.
If instead you'd rather “sleep more soundly”, but first want to know how much expert help costs, fill in the 2-minute interactive form from Legaless® [LINK] and we'll help you hit the target 🎯

Applicable law

• Art. 2222 of the Italian Civil Code: Definition of the contract for work, which serves as the general legal framework for self-employed work.
• General rules: 
  • Article 54-bis of Decree-Law 50/2017, converted with amendments by Law 96/2017: Introduction of the occasional work contract and the family booklet, replacing the old vouchers.
  • INPS Circular no. 107/2017: Operational and administrative guidance on using the occasional work contract and the family booklet.
  • Law 81/2017 (Jobs Act for the self-employed): Covers certain provisions on self-employment, with possible references to occasional work.
  • Legislative Decree 276/2003 (Biagi Law): Definition of occasional work and of the features of employment.
  • Legislative Decree 66/2003: Rules on working time, breaks and rest (applicable to occasional work).
• Contributions and taxation
  • Article 67 of the TUIR (Presidential Decree 917/1986): Concerns the tax treatment of income from occasional work.
  • INAIL Circular no. 48/2017: Details on INAIL contributions and insurance cover for occasional work.
  • INPS Circular no. 103/2018: Guidance on managing the limits on pay and social security contributions.