SUPREME COURT UPDATE | October 2023 adequate-pay judgments
In October 2023, the Supreme Court issued a group of important judgments concerning judicial review of pay under Article 36 of the Constitution.
The decisions explained that collective bargaining remains the principal reference but courts retain responsibility for ensuring constitutional adequacy. The inquiry may consider inflation, poverty thresholds, other collective agreements and the overall remuneration received.
Foreign businesses sometimes ask for the Italian minimum wage as a single number. The answer depends on the applicable collective framework, job level and constitutional floor, making selection of the CCNL a legal decision rather than a payroll preference.
Before hiring or harmonising pay, employers should obtain a classification and CCNL assessment, record the reasoning and monitor renewals. An individual supplement may solve a salary gap only if its structure and future absorption are clear.