ONLY IN THE CASE WHERE DISMISSAL IS DECLARED NULL OR INEFFECTIVE SHALL SANCTIONS BEGIN FOR CONTRIBUTORY OMISSION.
Said sanctions do not occur in case of dismissal without just cause or a justified motive
The united divisions of the Court of Appeal, with sentence no. 19665 of September 18th, 2014, have established that even in relation to dismissals declared null or ineffective prior to the Fornero Reform (legislation 28 June 2012 no. 92), there is the obligation to pay the civil sanctions relative to the contributory omissions, as provided in article 116, clause 8, of legislation 23 December 2000, no. 388, for the period between the dismissal and the effective reintegration of the employee.
We recall that the dismissal is null when affected by a formal defect, discriminatory, in retaliation or arranged in violation of legal provisions such as those protecting the pregnant worker.
On the other hand, a typical case of ineffective withdrawal is verbal dismissal.
Dismissals declared null or ineffective are distinguished from each other as those which are lacking just cause or those lacking just motives, for which the Judge ordered reconstruction of the contract: the latter should not in fact apply, even under pre-Fornero laws, the regime of civil sanctions in article 116 cited above.
With regard to rules of contribution in the case of dismissal, the United Divisions of the Supreme Court have essentially identified a regulatory continuum, despite the diversity of legal texts, between the regulations of the Fornero Reform and those previous, not allowing for the recognition of a contributory omission, with the subsequent feasibility of provided sanctions, if not in the case of null or ineffective dismissal.
