Legitimate dismissal (for poor performance)

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With the ordinance n. 24722/2022 of 11.8.2022, the Supreme Court of Cassation, expressing itself on the legitimacy of a dismissal for poor performance, takes the opportunity to emphasize a principle of law and a provision of the Workers’ Statute , which, in light of the entry into force of Legislative Decree no. 104/22 (now known as the “Transparency Decree”), seem to be particularly relevant.

In fact, in the wake of the prevailing jurisprudential orientation, it is highlighted that the employer must make known in advance and in a clear and transparent way to all workers the behavioral rules (including also the organizational and technical-productive ones) that could have relevance on the disciplinary plan, by posting the so-called Disciplinary Regulations in a place accessible to all.

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