Court of Milan: statute-barred salary receivables

With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company in connection with the request of salary differences of some employees. In particular, the judge of first instance stated that, effective as of 18 July 2012 (date on which Law No. 92, that is the so-called Fornero Law, entered into force), in those undertakings subject to article 18 of the Workers’ Statute, the five-year statute of limitations for salary receivables will only start from the termination of the employment (and not during any such employment, instead), as has always happened in connection with the employment contracts guaranteed by the mandatory protection. Thus ruling, the Court held the need for guaranteeing a more specific starting date regime for the statute of limitations, since article 18 no longer ensures reinstatement in an utter manner (the reasoning should apply even more for newly hired employees, that is those hired after 7 March 2015, as a result of Legislative Decree No. 23/2015).