Italy Update: Dismissal for poor performance – the posting of the disciplinary code is necessary

The Court of Cassation maintains that, if the alleged violations do not consist of conduct contrary to the fundamental duties of the worker, falling within the cd. minimum ethical or of criminal relevance, for the legitimacy of the relative sanction it is necessary to affix the disciplinary code.

Since poor performance is not included among the violations contrary to the fundamental duties of the worker or of criminal relevance, and classifying itself as a violation deriving from company directives, likely to change over time, in relation to both economic and market contingencies and the degree of elasticity in the application, in order to proceed disciplinarily it is necessary to affix the disciplinary code.

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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