The Constitutional Court still intervenes on the art. 18: reinstatement and manifest lack of justified objective reason

Back to All Thought Leadership

With sentence no. 125/2022 of 19 May 2022, exactly 10 years after the Fornero law (l. 92/2012), the Constitutional Court has returned to rule on art. 18 St. Lav., Intervening on one of the most controversial aspects of the law, as then modified by the reform. The sentence in fact declared unconstitutional art. 18, seventh paragraph, second sentence, in the part in which this provision provided for the reinstatement – in the case of unlawful dismissal for justified objective reason – only in the event of “manifest non-existence” of the reason given. The law recognized, however, only economic protection (from 12 to 24 months) in the “less striking” cases of dismissal supported by illegitimate objective reason, precisely “not manifest”. The Court therefore focused on this diversity of protection,