MDA Studio Legale | The protected period is inviolable. The dismissal of an employee is invalid before the term fixed by the Italian national collective labour agreements (CCNL)

The protected period is inviolable. The dismissal of an employee is invalid before the term fixed by the Italian national collective labour agreements (CCNL)

The Court of Cassation has clarified the nature of the protected period retracting a previous ruling which allowed the dismissal of an employee before the end of the protected period provided that the absences of the employee would negatively affect the company operations.
The previous ruling – Cassation court, 4th of September 2014 n°. 18678 – was highlighted by the press and created some confusion regarding the protection of the employee’s sick leave.
Cassation Court, united chambers, 22nd May 2018, n°. 12568
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