In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of<\/p>\n\n\n\n
dismissal due to unsuccessful trial period, in a case in which the probationary period agreement was<\/p>\n\n\n\n
null and void. The Court ruled that workers subject to the so-called \u201crising protection\u201d legislation<\/p>\n\n\n\n
(i.e., workers hired after 7 March 2015) are only entitled to compensation, and not to<\/p>\n\n\n\n
reinstatement to work. In support of its decision, the Italian Supreme Court noted that the dismissal<\/p>\n\n\n\n
reform introduced by the so-called Jobs Act has limited the remedy of annulment of the dismissal to<\/p>\n\n\n\n
disciplinary dismissal, and specifically, only to the case that the inexistence of the material fact<\/p>\n\n\n\n
with which the worker is charged is proved in court; and it has therefore concluded that given the<\/p>\n\n\n\n
residual nature of this remedy in the Jobs Act legal framework, dismissals notified during the<\/p>\n\n\n\n
probationary period under an invalid agreement give rise only to the monetary compensation<\/p>\n\n\n\n
remedy.<\/p>\n","protected":false},"excerpt":{"rendered":"
In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of dismissal due to unsuccessful trial period, in a case in which the probationary period agreement was null and void. The Court ruled that workers subject to the so-called \u201crising protection\u201d legislation (i.e., workers hired after 7 March 2015) ….<\/p>\n","protected":false},"author":2,"featured_media":14524,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[897,81,3,90],"tags":[437],"class_list":["post-16592","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-publications-2-en","category-dlp-insights-en","category-news-en","category-publications-en","tag-dismissal"],"acf":[],"yoast_head":"\n