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Incentive resignation and right of priority in hiring

The Supreme Court recently stated that the so-called "incentivized" resignations, i.e., facilitated by monetary incentives, together with voluntary mobility and early retirement, are not comparable to dismissal. Indeed, the employee who has voluntarily terminated the employment contract, albeit at the employer’s request and upon recognition of an economic incentive, has no right to be preferred in hiring pursuant to the relevant law provisions (Article 15 of the Law No. 264 of 1949 and Article 8 of the Law No. 233 of 1991). This is because only the employer who dismissed employees due to staff reduction it is subject to the legal obligation of re-hiring (see Supreme Court decision No. 35667 dated November 19, 2021).

Avv. Guido Brocchieri

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