DID YOU KNOW THAT… In the event of unlawful formally vitiated dismissal, the indemnity cannot be tied to seniority alone?

Last 25 June the Constitutional Court press office issued a release stating that the Court had examined, on 24 June, the issues on the constitutionality raised by the Courts of Rome and Bari regarding the criteria for determining the indemnity to pay in the presence of a dismissal vitiated only from a formal and procedural standpoint as per art. 4 of Legislative Decree no. 23/2015. Specifically, the Office made it known that the phrase “an amount equal to one month salary of the last remuneration used to calculate post-employment benefits for each year on the job” was declared unconstitutional. According to the Constitutional Court, this is because it establishes a rigid and automatic criterion, linked to the sole element of seniority. Thus the Court returns to flunk the Jobs Act. It had already ruled on the point in 2018 when it had declared art. 3, paragraph 1 of Legislative Decree 23/2015 was unlawful only for the criterion for determining the indemnity, to pay in the case of dismissal without just cause and justified reason, automatically and solely tied to seniority. The motivations for the ruling are scheduled to be filed in the coming weeks.

Other related insights:

• Dismissal for just cause and reintegration Protection
• The judge may not of his own motion find any ground for nullity of the dismissal other than the one raised as an objection by the party
• DO YOU KNOW THAT… the operative part of the judgment ruling that “increasing severance indemnity” is constitutionally unlawful has now been issued?