Categories: Insights, Case Law

Tag: Corte di Cassazione


27 Sep 2022

Court of Cassation ruling no. 26246/2022: the statute of limitations for claims runs from the employment termination

In ruling no. 26246 of 6 September 2022, the Court of Cassation resolved the legal contrast about the statute of limitations start date for employee claims in companies with more than 15 employees, clarifying that, after Law no. 92/2012 ( “Fornero Reform”), the statute of limitations no longer starts during the employment relationship.

Facts of the case

Some employees of a company with the size requirements under Art. 18 of the Workers’ Statute brought an action before the Employment Tribunal to obtain recognition of their right to receive remuneration differences, exceeding the five-year statute of limitations for overtime night work performed.

The Court of First Instance of Brescia dismissed the applicants’ claims, ruling that, even after the amendments to Art. 18 of the Workers’ Statute introduced by the Fornero Reform, the employment relationship continues to be protected by real protection, which entails the statute of limitations period starting during the employment relationship.

The Brescia Court of Appeal upheld the Court of First Instance’s decision, denying the claimants’ right to the differences exceeding the five-year statute of limitations.

With a single ground of appeal, the employees challenged the appeal ruling alleging breach of Articles 2935, and 2948, no. 4 of the Italian Civil Code, 18 Law no. 300/1970, 36 of the Italian Constitution, by the local Court, based on the Constitutional Court’s rulings no. 62 of 1966, no. 143 of 1969, no. 174 of 1972) and the Supreme Court case law, which confirmed the validity of the relationship stability regime despite the amendment of the regulation on dismissals with the reforms of Law no. 92/2012 and Legislative Decree no. 23/2015 ( “Jobs Act”).

Ruling

The Supreme Court of Cassation, in upholding the appeal brought by the employees, preliminarily ruled that, in line with the constitutionally oriented interpretation of Art. 2948, no. 4 of the Italian Civil Code, the statute of limitations starts during the employment relationship only when reinstatement is the foreseeable penalty “against any unlawful termination.”

According to the Supreme Court, the changes made by the Fornero Reform and Jobs Act to the regulation on dismissals eliminated this stability. This determined the change from an automatic application of reinstatement protection to every case of dismissal illegitimacy to a selective application of the protections.

On these assumptions, the Supreme Court ruled, that the open-ended employment, as regulated by the Fornero Reform and Jobs Act, lacks the prerequisites of predetermined terminations and their adequate protection, and is not assisted by a stability regime.

This means that the rights that are not lapsed at the time of the entry into force of Law no. 92/2012 (18 July 20012), are subject to a statute of limitations which starts from the employment termination, including for employees of companies meeting the size requirements under Art. 18 of the Workers’ Statute.

Other related insights:

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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…