HOT LABOUR TOPICS – Salary accrues from the decision that revoked the resignation

With ruling no. 12195, 8^th May 2019 (see here the full text in Italian) the Supreme Court stated that, in case of resignation revoked by the Court (based on the worker’s incapacity, in this case), the employee’s right to receive his/her salary accrues from the date of the ruling and not from the date of his/her claim.

While repealing the decision of the Court of Appeal of Genova, the Supreme Court reminded that, save for specific law provisions, salaries are due just in case of service, even if the Court revoked the resignation with retroactive effect.

[For further details, please contact giuseppe.matarazzo@galaw.it]