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Unjustified dismissal: the forecast of alternativity between rehiring and compensation

  • 09/03/2020

The Supreme Court, Labor section, with order no. 5406 of February 27, 2020 established that in the context of the so-called mandatory protection against firing for just-cause or justified reason, according to the discipline of laws no. 604/1966 and n. 108/1990, the forecast of alternativity between rehiring and compensation for damage implies that the payment of the compensation allowance, if the employment relationship is not restored, is always due.

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