Categories: Insights, Case Law

Tag: Ispettorato Nazionale del Lavoro


27 Sep 2022

The employer can challenge the assessment notice issued by the Labour Inspectorate for pecuniary claims

The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without the assessment being made final, which can be challenged.

With order no. 23744 of 29/07/2022, the Court of Cassation confirmed this, and stated that the warning notice issued by the labour inspectors which became an enforcement order, does not prevent the employer from bringing an action to challenge the assessment.

The case started with a summons served by a worker on the employer company to obtain sums based on an assessment notice issued by the labour inspectorate.

In the opposition proceedings, the Court of Appeal dismissed the worker’s claim based on the fact he signed an agreement with his employer which involved receiving a € 9,000 against the worker knowingly waiving any further employment-related claims.

In upholding the decision of the local Court, the Supreme Court noted that the assessment notice, even after becoming an enforcement order, does not prevent the employer from bringing an action to challenge the assessment.

The Supreme Court mentioned Art. 12 of Legislative Decree no. 124/2004, which is applicable to this case, and stated that, if during supervision the Labour Offices find non-compliance with contractual provisions which gives rise to pecuniary claims in favour of workers, they shall warn the employer to pay the amounts following the investigation.

After the assessment notice has been served on the employer, the latter may initiate an attempt at conciliation at the Provincial Labour Directorate within 30 days and if an agreement is reached, the notice loses its effectiveness.

Alternatively, the employer may lodge an administrative appeal against the assessment notice. Failure to appeal or reject the notice means that it takes effect as an enforcement order but does not preclude the interested party from challenging the existence of a right in court.

On these grounds, the Court of Cassation dismissed the employee’s appeal, confirming that the amount was not due.

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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…