Carlo Pisani
Professor of Labor Law at the University of Rome Tor Vergata
Rivista Italiana di Diritto del Lavoro, 1/25
SUMMARY: 1. The extension of repêchage to fixed-term contracts. 2. The interpretation of the Constitutional Court and its relationship with judicial interpretation. 3. The impossible reinstatement and the knots that come to the surface concerning repêchage.
THE PERFECT STORM OF REPÊCHAGE ABUSE — Abstract. The author examines the initial orientations of case law following Constitutional Court rulings No. 128 and 129/2024. The focus is particularly on worker protections in cases of dismissal for objective justified reason when repêchage has not been carried out. The article critically analyzes the negative synergistic effect arising from, on the one hand, the rulings that expand repêchage even to positions with fixed-term contracts; and, on the other hand, from the application of reinstatement protections even when the position has been eliminated — despite the Constitutional Court having excluded such protections for workers hired after March 7, 2015. Thus, a misalignment is highlighted between the authoritative interpretation of the Constitutional Court and the case law of the Court of Cassation.