DLP Insights

Court of Milan: job position suppressed, no reinstatement (Il Sole 24 Ore, January 6, 2013, page 21)

Catégories: DLP Insights, Case Law

11 Jan 2013
Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful, but the consequence is just the indemnity for damages in favor of the terminated employee (and not the reinstatement), if the suppression of the job position is effective. With this sentence, for the first time the Court of Milan complied with the said principle, direct consequence of the amendments of the so called “Riforma Fornero” on the art. 18 of the Law no. 300/70.

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