Italy Update: In the event of termination of the employment relationship due to a change of contract, the rules on collective redundancies apply.

Court of Cassation, judgment 11 April 2023, n. 9650

In the event of termination of the employment relationship due to a change of contract, the discipline of collective dismissal applies in the presence of the numerical, territorial and dimensional requirements provided for by art. 24 L. 223/91.

The derogation referred to in art. 7, paragraph 4 bis, D.L. 112/2008 is applied only in the event that, in the context of the change of contract, the workers employed are rehired by the incoming company “on an equal footing” of economic and regulatory conditions provided for by the national collective agreements of the sector stipulated by the comparatively more representative trade union organizations.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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