Reintegration for workers hired under the regime of increasing protection

According to the Supreme Court, when the conduct that led to the withdrawal does not constitute a significant breach under the disciplinary profile.

According to the very recent ruling of the Court of Cassation of 5.0.2019 n. 12174, in the notion of "non-existence of the material fact" (which involves the exclusion of the disciplinary offense and the illegality of the related dismissal) introduced by the legislator of the legislative decree n. 23/2015 on the subject of a contract with increasing safeguards, includes not only the materially non-existent, but also the conduct that does not constitute a breach of the contractual obligations and therefore does not take on any relevance under the disciplinary aspect.

It follows that even in this second case, the illegally dismissed worker has the right to obtain reinstatement and not just economic compensation.

It is, as far as we know, the first ruling of the Supreme Court which also extends to the regulation of the contract with increasing protections a principle already established in recent years in relation to dismissals subject to art. 18 in the text amended by law n. 92/2012.

We should take this into account. (ADO)