Categories: Insights, Case Law

Tag: Dismissal, Licenziamento


2 Mar 2022

Threat of dismissal constitutes extortion

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force them to accept financial conditions that do not match the services they provide was extortion.

Facts of the case

Two employees brought an action against their employer, operating in the hotel sector, claiming the crime of extortion, as they had been forced to accept unfavourable remuneration, on pain of dismissal.

The Courts (first the Sulmona Court and then L’Aquila Court of Appeal) rejected the appeal brought by the two employees, ruling out the possibility of the crime of extortion due to the absence of any threat element.

The second instance ruling highlighted that the employees were required to work beyond their regular working hours, almost continuously (even for twenty hours a day), carrying out tasks other than those contractually agreed. The employer also harassed them. The judges stated that the two employees could discontinue the employment relationship or respect the (unfair) working conditions. Further, they said they were not vulnerable given the hotel sector’s financial situation and because they came from a wealthy family.

The employees appealed to the Court of Cassation against the Court’s decision.

The Court of Cassation’s ruling

In upholding the two employees’ appeal, the Court of Cassation stated the appealed ruling did not consider that “threat” implies that the choice of conduct is left to the victim. This assumption wasbased on theknowledge that if they behaved differently from what was demanded by the active party (i.e., the employer), the consequence would be a predicted injustice.

Therefore, the choice of the conduct to be adopted is left to the passive party (i.e. the employees) cannot exclude the threat or extortion existence.

This overcame the Court of Appeal arguments centred on the belief that the employer had not contemplated dismissal but stated that anyone who did not like the working conditions was “free to leave.” According to the Court of Cassation, this statement gives the employee the alternative of accepting the working conditions imposed by the employer or losing their job, and it is irrelevant that this could be a “voluntary” decision. Such conduct is criminal because the working conditions indicated as an alternative to losing one’s job were unfair and unlawful.

The Court of Cassation affirmed the legal principle that an employer taking advantage of the favourable situation in the labour market due to supply over demand forced workers to accept, using a masked threat of dismissal, a worse remuneration which was not commensurate with the services provided, was extortion.

The Court of Cassation said the injured party’s subjective condition was not required to establish an offence. The latter takes place when the employer foresees the loss of the job, taking advantage of the natural condition of prevalence they have over the employee and the favourable market conditions.

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 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…