The term “mandate” is also used for an act by which a person authorizes another person to make transactions on behalf of a person. In this sense, it is used in a synonymous manner with proxy. It is possible to revoke the contract without justifying the decision to withdraw and to respect it without prior procedure. In the event of termination of an individual employment contract, it is necessary to be included in one of the dismissal cases expressly provided for by Law 53 / 2003 – Labour Code. It may also be necessary to submit to a pre-termination procedure, such as the collective dismissal procedure or the prior disciplinary procedure. B.dem. For an elected official, an agent contract has advantages because he can act as he deems necessary to fulfill his mandate, unlike an employee who always works under the authority of the employer and according to his instructions. At the same time, the conclusion of a mandate contract has drawbacks from the agent`s point of view, not least because the delegate does not benefit from the work protection measures offered to workers by labour law (. B, for example, the protection against dismissal offered to workers in certain situations expressly defined by law, by granting a minimum number of days of rest setting a maximum number of hours worked).
In addition, the mandate contract has the advantage of not being subject to the formalities required in the case of an individual employment contract (which must contain certain minimum requirements imposed by law). In a mandate agreement with Monte Titoli S.p.A. (“Monte Titoli”), Monte Titoli agreed to provide the issuer with certain child care and management services regarding guaranteed obligations. On the other hand, the mandated person is not in a subordination relationship with the company in the context of the mandate relationship. This can be a disadvantage for the company, as it cannot regulate the actions of the mandated person in the same way as the actions of an employee. We believe that, from the company`s point of view, the mandate contract has advantages over the individual employment contract, particularly with respect to the termination of the contract.