- within Employment and HR topic(s)
- in United States
- within Employment and HR, Privacy and Tax topic(s)
The Court of Cassation, Joint Sections, with judgment No. 23486 of 18 July 2026 provided definitive clarification on the consequences of Constitutional Court judgment 111/2025, which had declared Art. 6 of Law 604/1966 to be unconstitutional insofar as it fails to protect a worker who, at the time of being notified of his/her dismissal, is in a state of natural incapacity.
Specifically, the Joint Divisions held that, in the event of the natural incapacity of the person subject to dismissal, there is no requirement to challenge the dismissal beforehand (including out of court), and the dismissal may be challenged within the overall limitation period of two hundred and forty days from receipt of the notice of dismissal, by filing an appeal (including an interim appeal) or by notifying the other party of a request for conciliation or arbitration.
Indeed, according to the Joint Sections’ reasoning, such a time limit has been deemed sufficient to strike a balance between the need to protect the employee – who is thus spared the consequences of failing to meet appeal deadlines due to his/her inability to understand or form his/her own will – and the employer’s need for legal certainty.
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