DISMISSAL NOT EFFECTIVE WITHOUT REASON (IL SOLE 24 ORE, JULY 11, 2013, PAGE 34)

With note n. 17122/2013, the Court of Cassation confirmed the statement according to which the dismissal noticed in breach of the formal requirements provided for by Article 2 of Law no. 604/1966 in the employment relationships subjects to obligatory guarantee does not cause the termination of the over mentioned relationship. In the light of this statement, the Supreme Court concluded that it is not applicable the residual protection regime of the Article 8 of the same law, although the dimensional requirements of the company do not exceed the 15 units. Therefore the employer has to pay damages to the employee based on the lost wages between the termination and the effective re-employment, with the specification that it is necessary to consider that the employee’s cannot be considered not in compliance with the will to continue the employment relationship.