News
Dismissal during the trial period: no motivation is required
- 15/10/2018
The Court of Cassation with order no. 18268 of 11th July 2018 established that the dismissal ordered in the course or at the end of the trial period, having a discretionary nature, must not be motivated even in the event of the dispute regarding the assessment of the worker's ability and professional behavior.
Therefore, the dismissed worker who deduces in court the invalidity of such withdrawal, according to the general rule as art. 2697 of the Civil Code, has to prove the positive passing of the trial period and that the withdrawal was determined by an illicit reason and, therefore, not linked to the function of the test agreement.
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