Companies, Disciplinary dismissals, Applicable protection, Contractual provision, Civil Cassation, Fourth Labor Section, Judgment n. 11665 of 11/04/2022

The Labor Section stated that in the matter of disciplinary dismissal, in order to select the applicable protection among those provided for by art. 18, paragraphs 4 and 5, st.lav., as amended by l. n. 92 of 2012, the judge can subsume the conduct charged to the worker, and concretely judicially ascertained, in the contractual provision that, with a general and flexible clause, punishes the offense with a conservative sanction and that this operation of interpretation and subsumption does not transmit in the judgment proportionality of the sanction with respect to the disputed fact, remaining within the limits of the implementation of the principle of proportionality, as implemented by the social partners through the provision of the collective agreement.

Source Supreme Court of Cassation