Categories: Insights, Case Law

Tag: Dismissal, giusta causa, Licenziamento


23 Jul 2017

The procedural guarantees referred to in Art. 7 of the Workers’ Charter are also applied to disciplinary dismissal of a senior executive

With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application of the procedure referred to in Art. 7 of Italian Law no. 300/1970. The Supreme Court referred to some recent pronouncements, including Plenary Sitting decisions (Cass. No. 2553 of 10 February 2015, Cass. Plen. Sit. No. 7880 of 6-30 March 2007) and clarified that “the procedural guarantees laid down under Art. 7 of Italian Law no. 300/1970 are an expression of the principle of general basic guarantees safeguarding all forms of disciplinary dismissal, which is applied to all forms of subordinate employment, without making a distinction between employees whatever their position in the hierarchy. A different kind of interpretation would be in contrast with the courts’ decisions on the application of the law, because it would revive “an old and hackneyed notion of a senior executive as an alter ego of the entrepreneur”, and would be in breach of the principle of “audiatur et altera pars”, as a worker’s indefectible guarantee. The Court maintained, moreover, that senior executives are expressly included in the listings in Art. 2095 of the Italian Civil Code and, as such, are included in the regulations governing employees in general. By failing to implement the procedural guarantees referred to in Art.7, the resulting claims will be those laid down in collective labour agreements for unjustified dismissal (payment of an indemnity in lieu of notice and of a supplementary indemnity).

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…