According to the Court of Cassation, the supplementary indemnity may also apply even after the deadlines set out in art. 6 of Law 604/1966.
According to a recent ruling by the Court of Cassation (no. 395 of 13th January 2020), the manager can assert the unjustifiability of the employer withdrawal and take legal action to obtain additional indemnity even after the expiry of the deadlines set out in art. 6 of Law 604/1966.
In fact, according to the Supreme Court, art. 32 of Law 183/2010, which, for invalid layoffs, provided terms of 60 days for out-of-court appeals and an additional 180 days for going to court, concerns only the employer withdrawal affected by invalidity, i.e. a defect that makes it "unsuitable for acquiring full and unassailable legal value". The expiry terms in question therefore apply to the manager who complains about the invalidity of the dismissal as discriminatory, determined by an unlawful reason or in any case falling within one of the cases referred to in the first paragraph of art. 18 of Law 300/70.
The manager's request based on the arbitrariness of the employer withdrawal and not on its invalidity, with a request to ascertain the unjustified dismissal and consequent sentence of the employer to pay the additional allowance, would instead be excluded from the ended regime referred to in the aforementioned art. 32, which constitutes an exceptional standard insusceptible to analogue application. (LC)
