Il diritto del lavoratore alla regolarizzazione contributiva (negato) nella recente giurisprudenza di Cassazione

Criticising Court of Cassation caselaw which denies the worker’s right to obtain amendments at I.N.P.S.’s cost of employer’s omissions of compulsory contributions for pensions, this paper argues the existence of a full right of the worker to the correct updating of his position in public data-base of due contributions. According to the author, this right can be recognised not only at retirement age, but already from the ini-tial establishment of each employment relationship, which is followed by an immediate obligation of the employer to pay pension’s contributions. In addition to systemic and value-based arguments, also ac-cording to the relevant caselaw of the Italian Constitutional Court, this paper is based on a specific con-struction of Article 27, paragraph 2, Royal Decree Law no. 636/1939 as modified in 1972.