Categories: Insights, Publications · News, Publications

Tag: Dismissal, Licenziamento, repechage


22 Aug 2024

DID YOU KNOW THAT…The repêchage obligation (obligation to relocate) also extends to fixed-term contracts?

Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis.

Before proceeding with a dismissal for a justified objective reason, the employer must demonstrate that he/she has explored all possible solutions to relocate the worker within the company.

This principle was affirmed by the Italian Court of Cassation, with order no. 18904 of 10 July 2024, thereby reinforcing employers’ repêchage obligations.

Consequently, the Court concluded that dismissal is unlawful where alternative employment positions exist at the time of termination, even in lower or fixed-term jobs, and the employer has not offered these jobs to the employee.

The Court reiterated that the burden of proving that relocation is impossible falls entirely on the employer.

Companies must therefore manage human resources carefully, documenting any attempt at relocation, to avoid a dismissal being held to be unlawful.

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

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 April 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 March 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…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 2026 – 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…