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.
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…
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…
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…
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…
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…