Categories: Insights, Case Law


23 Jul 2017

The stability pact, its legitimacy and remuneration

With its decision no. 14457/2017, the Court of Cassation turned over the “double conforming” decision of the lower courts and intervened with regard to the stability pact enclosed with the subordinate employment contract. Specifically, the Court observed that, outside the cases of just cause under Art. 2119 of the Italian Civil Code, a worker can freely make use of the right of withdrawal, agreeing to a minimum guaranteed duration of the contract, provided that it is limited in time, which would involve the payment of damages to the employer in the event of a breach thereof. According to the Supreme Court, this conclusion complies with the recognised availability of the right to one’s employment post, that may be inferred from the admissibility of agreed contractual terminations and also from the “consolidation of the effects of an unlawful dismissal due to failure to make a prompt appeal”. In the decision in question, the Court also looked at the remuneration of this “sacrifice” and reached the conclusion that the agreed salary conditions, taken overall, provided that they do not exceed the so-called constitutional minimum, cannot, in any way, compensate for the (even) temporary renunciation of the employee to their right of withdrawal. The remuneration, therefore, must be assessed in the light of the overall agreed contractual conditions, which may consist of the reciprocal nature of the stability commitment or in a different service provided by the employer, such as an increased salary or a non-monetary obligation, provided that it is not just symbolic and it is proportionate to the sacrifice of the worker.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…