The Constitutional Court ruled on the constitutionality of the Job Act related to the scaled protection raised by the employment Tribunal of Rome
By Stefano Trifirò
Last September 2018 the Constitutional Court ruled on the constitutionality of the Job Act related to the scaled protection raised by the employment Tribunal of Rome, says employment lawyer Stefano Trifirò of the firm Trifirò and Partners.
More to the point the Court declared unconstitutional the section that sets out that the counting of the indemnity for dismissal must be based on global retribution and be quantified on the base of seniority that is two monthly payments for every year of seniority.
According to the Court the provision for scaled indemnity based on seniority alone is contrary to the principal of reasonableness and equality and goes against articles 4 and 36 of the Constitution. Short of mechanisms of calculation based on seniority the Judge may determine compensation indemnity taking into account other parameters.
Another Tribunal in Bari reached the same conclusion before the decision of the Constitutional Court which declared illegitimate automatic calculation of the indemnities for wrongful dismissal.
Lawyer Trifirò explained the employment Tribunal of Bari in view of the wrongful dismissal quantified the indemnity for the employer. The Tribunal set out an indemnity of 12 monthly payment regardless of the seniority of the worker. Without the decision of the Constitutional Court the worker would have only received 4 to 6 monthly payments, concludes lawyer Trifirò.