Abstract

Subject of research is to study the performance of the employee. The performance, namely the relationship between time spent on performance and achievement, helps to define the fulfilment of employee’s obligation: the work is not likely to satisfy the interest of the employer if it does not produce an utility. The majority doctrine denies that performance has a significance of its own in employer-employee relationship: according to the majority orientation performance is part of the obligation to diligence as defined in article 2104 of the Civil Code. Instead, examining the cause of the employment contract and the relationship between diligence and performance, research has led to the conclusion that the performance is one of the elements of opinion as to the accuracy of the service that finds its legal basis, not in the obligation to diligence, but in the obligation to collaboration, enshrined in article 2094 of the Civil Code that requires the employee must cooperate by carrying out a profit. Starting from the study of case law on a lack of performance I have examined its consequences in the employer-employee relationship. Finally, research has deepened the study of performance as a parameter for determining pay in order to reward the employee who stands out for its productivity.

I documenti depositati in UnissResearch sono protetti dalle leggi che regolano il diritto d'autore