News
Dismissal: even the employer can take legal action ascertaining the legitimacy of the dismissal.
- 14/01/2019
The Cassation, Sec. Work, with the sentence of 23rd November 2018, no. 30433 established that the employer can take legal action to ensure the legitimacy of the dismissal. Therefore, due to the constitutional principle of equivalence in the attribution of the available procedure means, the same judicial protection must be recognized for both parties of the substantive relationship.
For this reason, all disputes concerning dismissals that fall within the scope of protection of Law no. 300 of 1970, art. 18, also upon request of the employer, are subject to the discipline of Law n. 92 of 2012, art. 1, paragraphs 48 et seq.
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