Repêchage and dismissal for minor breach of duty: after Constitutional Court judgements no. 128 and no. 129 of 2024.
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Luca Nogler
Publishing Year 2025 Issue 2025/186
Language Italian Pages 28 P. 207-234 File size 217 KB
DOI 10.3280/GDL2025-186001
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Repêchage and dismissal for minor breach of duty: after Constitutional Court judgements no. 128 and no. 129 of 2024. The essay outlines two proposed solutions to address the most pressing issues arising from Constitutional Court judgments no. 128 and no. 129 of 2024, which critically examined the 2015 reform of dismissal regulations. The first proposal entails the quantification of the employer’s failure to comply with the repêchage obligation as compensation equal to fifteen months of the employee’s remuneration. The second proposal advocates for incorporating, within the judicial assessment of the existence of the breach-of-duty, an evaluation of its seriousness — a criterion to be distinguished from the principle of proportionality.
Keywords: Jobs Act; Dismissal for objective justified reason; Repêchage; Disciplinary dismissal; Minor breach of duty.
Luca Nogler, Repêchage e licenziamento per inadempimento di scarsa importanza: sul dopo Corte cost. n. 128 e n. 129 del 2024 in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 186/2025, pp 207-234, DOI: 10.3280/GDL2025-186001