Categories: Insights, Publications · News, Publications

Tag: Dismissal, licenziamenti, Rito Fornero


6 Jun 2025

Goodbye to the Fornero Rite, but only for lawsuits started after Feb. 28, 2023 (Guida al Lavoro of Il Sole 24 Ore, 28 May 2025 – Vittorio De Luca, Alessandra Zilla)

In the very recent ruling No. 11344 of April 30, 2025, the Supreme Court clarified that judicial proceedings introduced under the so-called Fornero Rite before February 28, 2023 continue to be governed, even in the appeal stages, by the provisions dictated by the same rite, although the same was repealed by the so-called Cartabia Reform.

Succession of procedural rules on dismissal appeals and transitional regime

The so-called “Fornero rite” had been introduced by Law No. 92/2012 (Art. 1, paragraphs 47 – 69) to address the need to ensure celerity in the resolution of dismissal disputes.

While the legislator’s intentions were shareable, from the first applications the genetic flaws of that normative translation had become apparent.

In fact, the Fornero rite, applicable only to dismissals governed by Article 18 of the Workers’ Statute, implied that the judicial claim could only concern the legitimacy of the dismissal and issues “based on the same constituent facts.” This led, on the one hand, to interpretive doubts about the claims admissible under this rite and, on the other, to a fractioning of judicial claims related to the employment relationship, resulting in an inevitable proliferation of judicial litigation.

Reflection on the evident ineffectiveness of the Fornero rite, as to the possibility of explaining that prefigured deflative effect, had already led the legislature to its “applicative downsizing” by Legislative Decree No. 23/2015, which excluded its application to dismissals subject to the so-called “growing protections” regime, for all employment relationships established since March 7, 2015.

After all, the so-called. Fornero Rite had never been particularly appreciated by insiders and its repeal had also been proposed by the “Commission for the elaboration of proposals for interventions in the field of civil process and alternative instruments” (established at the Ministry of Justice by Ministerial Decree of March 12 March 2021) and this with the twofold aim of “simplifying and clarifying the regulatory framework of the procedural discipline in the matter of dismissals” and “overcoming the interpretative and applicative difficulties that Article 1, paragraphs 48 ff., of Law No. 92 of June 12, 2012, has caused to emerge since its introduction, with inevitable repercussions for the relationship between employer and employee.”

Continue reading the full version published on Guida al Lavoro.

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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…