One of the areas where the jurisprudential debate is always alive and changing is represented by the compatibility between the employment relationship and the social position, when these are headed by the same subject, who is, therefore, invested so much with the subjective situation of employee of the company, how much of that of a member of a corporate body. This is not due to the changeability of the principles of law governing this case – which are, after all, well established in the national jurisprudential panorama -, but the phenomenon has its origins in the vast range of concrete situations, which may present themselves to the scrutiny of the judge, the which from time to time will always be the source of corporate governance forms different from those previously examined.
This also happened in the case addressed by the recent ordinance of January 27, 2022, n. 2487, which found itself judging a very frequent case in the entrepreneurial fabric of the country: that of two “twin” partners at 50% of an Srl, which – at the same time – are both members of the Board of Directors and employees of the same.
