Categories: Insights


14 May 2015

DISMISSALS FOR ECONOMIC GROUNDS AND REINSTATEMENT

Article 3, paragraph 1 of Legislative Decree no. 23/15 establishes that if it is ascertained that the grounds do not exist for dismissal for justified objective motive ”the judge declares the employment terminated on the date of dismissal” and sentences the employer to pay an indemnity equal to two months salary of the last remuneration for the calculation of post-employment benefits for each year of seniority at the company, with a minimum limit of 4 months and maximum limit of 24 months salary. It should be noted that in terms of dismissal for justified objective reason, the law contains an reinstatement obligation, whereby the employer must prove the absence within its organisation of alternative positions for workers who are dismissed due to elimination of their jobs. According to some commenters, this legal position should no longer be applicable for cases of dismissal of workers hired with the so-called contract with increased protection based on seniority and consequently, the reinstatement obligation should only be applicable in cases where the applicable protection is that contained in article 18 of Law 300/70. We feel that it is unlikely that the law will change directions on this, at least for the first years of application of the new regulations.

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

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…