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Prescription for work rights

Sep 9, 2022

Sep 9, 2022

By judgment no. 26246 published on 6 September 2022, concerning a private sector employment relationship, the Supreme Court ruled on the principle of law according to which “for all those rights that are not prescribed at the time of the entry into force of Law No. 92 of 2012, the limitation period begins (…) from the termination of the employment relationship”.

Overturning the judgment n. 441/2018 of the Court of Appeal of Brescia, the Supreme Court has specified that as a result of the changes made to art. 18 of the Workers’ Statute by the “Fornero Reform” and the “Jobs Act” (which have led to the lack of “the prerequisites of certain predetermining of the cases of resolution and their adequate protection”) the permanent employment relationship cannot be considered governed by a system of stability.

Marco Gianluigi Alberio