The legal framework of unlawful dismissals in small enterprises following Constitutional Court decision no. 118 of 2025

Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Valerio Speziale
Publishing Year 2025 Issue 2025/187
Language Italian Pages 19 P. 519-537 File size 175 KB
DOI 10.3280/GDL2025-187008
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This article analyzes Constitutional Court Judgment No. 118 of 2025 on the legal consequences of unlawful dismissal in small enterprises. The Author challenges the interpretation that sees recent Constitutional Court rulings on dismissal law as part of a broader counter-reform effort. The judgment is examined considering the legal principles involved, with particular attention to the multifunctional nature of compensation for unlawful dismissal, as developed in both case law and civil law scholarship. The reasoning adopted by the Court is critically assessed, and the analysis highlights the specific characteristics compensation should have in the context of small businesses. The article also addresses unresolved issues, especially concerning the inadequacy of certain statutory minimum indemnities. In conclusion, the potential implications of the judgment for dismissals in small enterprises are discussed, along with considerations for future legislative reform.

Keywords: Constitutional Court; Unlawful Dismissal; Damages; Small Businesses.

Valerio Speziale, Licenziamenti illegittimi e piccole imprese dopo la sentenza n. 118 del 2025 della Corte costituzionale in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 187/2025, pp 519-537, DOI: 10.3280/GDL2025-187008