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Magazine

10 April 2025

Dismissals: increasing the discretion of the judges

The compensation parameter will no longer only correlate with seniority
“The Constitutional Court has declared as illegitimate Article 3, paragraph 1, of Legislative Decree n.23/2015 on permanent employment contracts with increasing protections, in the part – not amended by the subsequent Decree Law n.87 / 2018, the so-called “”Dignity Decree”” – which dictates the indemnity due to the unjustifiably dismissed worker. In particular, the expectation of an increase in compensation on the basis of the worker’s seniority is, according to the Court, contrary to the principles of reasonableness and equality and contrary to the right and protection of work set out in Articles 4 and 35 of the Constitution.
The sentence will be filed in the next few weeks,&rdquo