Categories: Insights · News, Interviews


5 Jul 2016

The problem with dismissals “Here two different sets of rules seem to apply” (Quotidiano Nazionale, 6 July 2016 – Vittorio De Luca)

The “increased protection based on seniority” of the new contract, applies to hirings after 7 March 2015. For the others article 18 is still valid, a dual system with many paradoxes.

A dual dismissal system, where legislation uses double standards, based on the categories of workers. This is the scenario that, according to Vittorio De Luca, lawyer of the De Luca & Partners law firm, was created in the Italian job market after the approval of the Jobs Act, the welfare reform of the Renzi government. As those who follow the news know well, the Jobs Act eliminated article 18 of the Workers’ Statute. As of last year, the obligation to reinstate the worker only exists in limited cases, for example when the employee is fired by the company for discriminatory reasons (for example for racial prejudice).

In most cases (for example when the worker is dismissed for disciplinary reasons), the reinstatement obligation no longer exists; the worker only has the right to a cash indemnity, proportional to the years of seniority, even if the dismissal is declared unlawful. Thus, a new employment contract was created, called “increased protection based on seniority” because it includes protection against dismissals that increases over time.  However, this new contract, only applies to hirings after 7 March 2015. For employees who already worked prior to this date, the rules of the old article 18 are still valid, in effect before approval of the Jobs Act.

And it is precisely for this reason, according to De Luca, that with the latest reform a dual system was created. “It has the paradoxical consequence”, stated the lawyer, “that two employees of the same company, dismissed for the same reason and at the same time, may have the right to a radically different protection, based on the date they were hired”. In the presence of an unjust dismissal, whoever was employed before the arrival of the Jobs Act, has the right to be reinstated in their position, unlike a colleague who was hired after 7 March 2015. This limit of the reform also emerged in a survey conducted by De Luca & Partners, on a sample of more than 200 companies. The interviewed companies, even if they expressed a positive evaluation of the Jobs Act, reported that the greatest obstacle to hiring in Italy is still represented by labour costs that are too high.

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

16 Jun 2026

De Luca & Partners celebrates 50 years of excellence in employment law

In 2026, De Luca & Partners marks an extraordinary milestone: its 50th anniversary. For half a century, the Firm has stood alongside businesses, guiding them through the evolution…

8 Jun 2026

The employee’s systematic lateness may justify dismissal for just cause (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 13722 of 11 May 2026, the Labour Section of the Italian Supreme Court of Cassation (Corte di Cassazione) held that an employee’s repeated lateness, resulting…

4 Jun 2026

Webinar “Pay Transparency Has Arrived: the revolution in compensation between new obligations for companies and new rights for workers” – HR Virtual Breakfast

During our webinar “Pay Transparency Has Arrived: the Revolution in Compensation Between New Obligations for Companies and New Rights for Workers”, the speakers Claudia Cerbone, Managing Associate, and…

29 May 2026

Notification of dismissal: ordinary e-mail is sufficient if the employee has knowledge of it

With the recent order no. 13731 of May 11, 2026, the Court of Cassation ruled on the validity and effectiveness of a dismissal notification sent via e-mail. The…

29 May 2026

Did you know that… the so-called “1 May Decree” introduces new measures concerning fair pay, employment incentives, and work performed through digital platforms? 

The Official Gazette has published Decree-Law No. 62 of 30 April 2026, entitled “Urgent Provisions on Fair Pay, Employment Incentives and the Fight Against Digital Labour Exploitation”, which…

29 May 2026

Video-surveillance and data protection: the Italian Data Protection Authority reaffirms transparency obligations

With Decision No. 167/2026 of 12 March 2026, the Italian Data Protection Authority (“Garante per la protezione dei dati personali”) once again addressed the issue of video surveillance,…