Categories: Insights, Publications


17 Jul 2019

Resignation cancelled, salary arrears due from the submission of the application (Il Quotidiano del Lavoro de Il Sole 24 Ore, 17 July 2019 – Alberto De Luca, Antonella Iacobellis)

The Court of Cassation, with judgment 16998 on 25 June 2019, returned to analyse the judgment annulling the resignation in regards the salary arrears accrued in the period between the resignation annulment and the judgment itself.

The case originates from legal proceedings to cancel a resignation brought about by a worker who claimed to have acted in a diminished state of capacity.

In court, the resignation was confirmed on first instance and then eventually annulled by the Palermo Court of Appeal, which, accepting the worker’s request, established the worker’s right to previous wages from the effective date of the legal proceedings.

Appealing to the Court of Cassation against the decision, the employer complained – among other reasons – that the principle of law had been incorrect or misapplied, noting that, since the worker had not provided service following the resignation, which was being challenged, the courts should, by law, have limited payment to just the period following the judgment.

The critical legal point under examination is to establish the moment from which the right to the salary arrears for the worker should begin.

In reviewing the decisions, the Court highlighted two trends. The first one, peaceful, in order to fulfil   payment obligations work must have been carried out, and only under the express provision of law (illness or unjustified dismissal under the regime of effective protection) can payment of the former be acknowledged in the absence of the latter. The second one, the subject of much debate, concerns identifying the moment from which, once a judicial decision to annul the resignation has been obtained, the worker is entitled to salary arrears that have accrued: whether this is from the judicial request (Cass. 14 April 2010 no. 8886; Court of Cassation 13 February 2019, no. 4232) or from the date of the judgement (Cass. 17 October 2014 no. 22063; Court of Cassation 06 September 2018, No. 21701).

With this ruling, the Supreme Court has confirmed the view that the right to remuneration arises from the moment in which the judicial application for annulment of resignations is made – the moment in which the resignation is challenged and the employer’s credentials are challenged in default pursuant to Article 1226 of Italian Civil Code – according to the principle that the duration of the process must not be detrimental to the winning party.

 

 

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

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…