HOT LABOUR TOPICS – With a specific collective agreement at company-level (i.e. “contratto di prossimità”), an employee can waive his/her right to receive the indemnity in lieu of notice period

With ruling n. 19660, 22^nd July 2019 (see here the full text in Italian), the Supreme Court ruled that the indemnity in lieu of notice period can be waived upon specific circumstances.

According to the Supreme Court, a specific collective agreement at company-level (the so-called “contratto di prossimità”, pursuant to Article 8 Law Decree no. 138/2011) can provide that, on the ground of a verified state of crisis affecting the company and in order to reduce the related firing cost, the indemnity in lieu of notice period will not be paid to each employee.

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