CONSTITUTIONAL COURT DECISION | Judgment no. 111/2025
Judgment no. 111/2025 of 18 July 2025 addressed a challenge brought after the ordinary deadline and the role of circumstances capable of preventing the worker from acting in time.
Italian dismissal challenges are subject to strict time limits, beginning with an out-of-court challenge (to be filed by the challanging ex-employee no later than 60 days after notification of the dismissal) and followed by litigation or conciliation steps. The decision confirms, however, that the operation of time limits cannot be examined in complete isolation from exceptional impediments affecting the individual.
An international employer may close a file as soon as the calendar appears to have expired. That can be premature. Documents, emails, investigation records and payroll material may still be needed if the employee disputes the deadline or a separate claim is brought.
The practical approach is to record the expiry date but maintain an appropriate litigation hold. Employers should avoid destroying relevant records or communicating that a claim is impossible until local counsel has reviewed both the formal timeline and any asserted impediment.