Italy Update: Late sending of the medical certificate does not justify dismissal

Civil Cassation, labour section, 10 November 2022, n. 33134

The delivery of the medical certificate after the start of disciplinary action prevents the non-compliance of the unjustified absence from occurring and leads the episode back to the slightest hypothesis of the late justification of the absence provided for by the CCNL.

It follows that the dismissal for just cause imposed by the employer constitutes, in that context, a manifestly unlawful act for lack of the disputed fact and entails, on the employer, the reinstatement of the employee and compensation for damage commensurate with the monthly payments not worked, in addition to the payment of contributions.

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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