Milan, 21 July (LaPresse) – Dismissals in small businesses are unlawful and the “ceiling” of six months' severance pay is unconstitutional. This was established by the Constitutional Court in its ruling no. 118, filed today, with reference to Article 9, paragraph 1, of Legislative Decree no. 23 of 2015, which establishes that, in the case of unlawful dismissals by an employer who does not meet the size requirements set out in Article 18, paragraphs 8 and 9, of the Workers' Statute (i.e. does not employ more than fifteen workers in a production unit or within a municipality and in any case does not employ more than sixty employees), the amount of compensation “may not in any case exceed the limit of six months” of the last reference salary for the calculation of severance pay for each year of service.
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