REINTEGRATION AND NASPI: AWAITING THE INTERVENTION OF THE CASSATION IN FULL SITTING
By ruling no. 25399 of September 23, 2024, the labor section of the Supreme Court requested the intervention of the Court in full sitting to determine whether, in the absence of actual execution of the reinstatement order, the NaSPI must be returned by the dismissed employee. Specifically, the Labor Section referred the case to the First President for possible assignment to the United Sections, having noted conflicting orientations in case law on the issue of the recoverability - in light of Art. 38, paragraph 2, of the Constitution, considering the compensatory nature of the treatments and the additional protections provided by the legal system - of unemployment benefits, particularly the mobility allowance, received by the worker following a dismissal declared unlawful, in cases where the reinstatement order did not result in the actual reconstitution of the employment relationship.
