2001, 319), notwithstanding the observation of accident and occupational disease prevention regulations, and accordingly of health and safety regulations for all active persons. Broadly speaking, in an apprenticeship, “the specific and pre - eminent purpose of training, and the immediate and direct aim of the placement for learning purposes, is compatible with the absence of any remuneration for the trainee. If, however, enquiries into the working relationship do not reveal any actual teaching, the de facto situation must be classified as one that differs from the original plan. If all the circumstances apply, a subordinate relationship must be recognised” (see Trib. Turin 1st June 2000, in Giur. piem., 2001, 319), although, due to the organisational and relational circumstances, this is unlikely in high - level hospitality, if the traineeships are limited in time and do not extend beyond a certain duration. In short, “in relationships established around training or specialisation courses organised by companies, regulated and run on an autonomous basis, the training delivered is the sole aim of the contract, while the provision of physical and intellectual activity, insofar as it is indispensable for implementing the purpose for which the contract is intended, cannot be likened to a subordinate service, unless enrolment on the course is an expedient to disguise a subordinate relationship” (see Cass. 25 January 2006, n. 1380, in Giur. it. rep., 2006), with priority given to the proportionate duration of the apprenticeship, which is in any case necessary for acquiring skills to be used in remunerated work, including entrepreneurial one, in accordance with the criteria typical of any economic initiative. IV. PROTECTING TRADE SECRETS Generally speaking, in the Italian legal system, “the obligation of loyalty as per Article 2105 of the Civil Code prohibits abusing one’s position with competitive actions breaches of trade secrets, in contrast with the duties introduced during the employee’s induction within the company” (see Cass. 29 March 2017, n. 8131, in Giur. it. rep., 2017). However, “for the purposes of establishing a breach of the duty of loyalty specified in non - competition clauses, use of the company’s value, consisting of the professional skills of former employees which cannot be distinguished from their person, cannot be defined unlawful. Indeed, preventing the use of the skills acquired would, on the one hand, mean forcing a situation of 206 ENRICO GRAGNOLI
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