Italy: does the ‘permanent employment contract with rising levels of protection’ that was instituted by the Jobs Act discriminate in situations of collective dismissals?

The editorial team is offering you free access to this article
Start your free 1-month trial to access all our content

At the end of November the Naples Appeals Court referred certain measures in the Jobs Act, to both the Italian Constitutional Court and the Court of Justice of the European Union. The issue lies with the ‘employment contract with rising levels of protection’ that allows for relatively easy job dismissals during the first three years of hiring for those hired after 07 March 2015. Workers hired before this date come under Article 18 of the Workers Statute that imposes worker re-instatement if their dismissal is found to be unlawful. Although the permanent employment contract with rising levels of protection primarily sought to facilitate individual jobs dismissals, this case concerns a collective dismissals plan in which a female worker, hired after 07 March 2015, was working on a permanent employment contract with rising levels of protection and as such received a level of protection that was greatly inferior to that of her colleagues. The case has given rise to several issues including: differences in the treatment of workers within the same company who are facing the same event; inadequate protection levels being given to workers hired after 07 March 2015 when they do lose their jobs; and the risk that employers focus first on letting go workers with these types of contracts as they are easier to lay off. The Naples Appeals Court is thus raising the question of the constitutional validity of several aspects of the Jobs Act and is also calling on the CJEU to adjudicate on whether this law complies with the EU charter on fundamental rights. In August the Milan Tribunal went to the CJEU with a similar case that raised a question on the reality of having two different sets of treatment depending on a single hiring date as well as on the efficiency of the protection intended by the Jobs Act in cases of job losses.

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
EU: social partners split over competitiveness and action on job quality
The European Trade Union Confederation and BusinessEurope have published their response to the consultation document on the European Commission's upcoming EU quality jobs initiative. The two...
4 February 2026
2026 TRENDS — Social dialogue, a major challenge in the deployment of AI in companies
mind RH is analysing the trends that will shape 2026. Artificial intelligence is emerging as a force that goes far beyond efficiency gains and productivity improvements. It is reshaping tasks...
4 February 2026
The major trends of 2026
New regulations coming into force, economic uncertainty, evolving skills requirements… More than ever, the HR function will play a strategic role within organizations in 2026. mind HR...
Germany: collective bargaining negotiations begin in chemical industry
Collective bargaining talks in Germany’s chemical and pharmaceutical industries are due to open this week, covering nearly 580,000 employees across around 1,700 companies. With the sector facing...
3 February 2026
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Oliver Dietrich (IG Metall): “The advent of AI can be a means of deepening social partnership within companies”
In Germany, trade unions want to influence how AI is deployed in companies. Oliver Dietrich is an AI project manager at the regional office of the IG Metall trade union in North Rhine-Westphalia...
2
EU: social partners split over competitiveness and action on job quality
The European Trade Union Confederation and BusinessEurope have published their response to the consultation document on the European Commission's upcoming EU quality jobs initiative. The two...
4 February 2026
3
Germany: collective bargaining negotiations begin in chemical industry
Collective bargaining talks in Germany’s chemical and pharmaceutical industries are due to open this week, covering nearly 580,000 employees across around 1,700 companies. With the sector facing...
3 February 2026
4
Italy: collective agreement for rubber and plastics sector focuses on new skills
A month ahead of schedule, the Federazione Gomma Plastica employers' organisation and the Filctem-Cgil, Femca-Cisl and Uiltec trade unions have renewed the collective agreement for the rubber and...
5 January 2026
5
Italy: new generational renewal agreement penned at UniCredit
The agreement signed on 30 December by UniCredit, Italy’s second-largest banking group, with the Fabi, First-Cisl, Fisac-Cgil, Uilca and Unisin trade unions aims to continue generational...
6
France: social partner talks extend far beyond contractual terminations
After a false start on 3 December, French social partners resumed talks on 7 January 2026 on potential changes to the unemployment insurance agreement, including the rules governing compensation...
12 January 2026