Unfair dismissal in Italy: time limits to challenge it and what to do now
By Massimo Leonardi · · Leggi in italiano
Quick answer. Under Italian law a dismissal must be challenged, on pain of forfeiture, within 60 days of receiving the written notice (or the written statement of reasons, if given later), by any written act, including out of court. Within the following 180 days the employee must file a claim with the labour court or notify the employer of a request for conciliation or arbitration. If conciliation or arbitration is refused or no agreement is reached, the claim must be filed within 60 days of the refusal or failed agreement (Article 6, Law No. 604/1966).
The first mistake to avoid: waiting
When an employee receives a dismissal letter, time immediately has legal value. Assessing whether the dismissal is lawful may require reviewing the contract, the applicable national collective agreement (CCNL), any disciplinary charges, the company's organisation and the employer's reasons, but the first check must concern the deadlines for challenging it.
Law No. 604/1966 sets strict forfeiture rules. It is therefore unwise to wait until every document has been collected before formally stating the intention to challenge the dismissal. This applies equally to foreign nationals and expatriates employed in Italy under an Italian employment contract.
The 60-day time limit
Article 6 of Law No. 604/1966 provides that a dismissal must be challenged within sixty days of receiving the written notice, or the subsequent written statement of reasons if not given together.
The challenge may be made by any written act, including out of court, that makes the employee's intention to contest the dismissal known to the employer, also through a trade union. It is advisable to use a method that proves sending and receipt dates, such as certified email (PEC) or registered mail with return receipt.
The second time limit: 180 days
The out-of-court challenge is not enough on its own. It becomes ineffective unless, within the following one hundred and eighty days, a claim is filed with the labour court or a request for conciliation or arbitration is notified to the employer.
If the requested conciliation or arbitration is refused, or no agreement is reached on holding it, the court claim must be filed within sixty days of the refusal or failed agreement.
| Time limit | Runs from | What to do | |---|---|---| | 60 days | Receipt of the written dismissal notice or, if later, of the reasons | Challenge by any written act, including out of court or via a trade union | | 180 days | The out-of-court challenge | File a claim with the labour court or notify the employer of a conciliation or arbitration request | | 60 days | Refusal of conciliation or arbitration, or failed agreement | File the court claim |
Disciplinary dismissal
For dismissal for just cause or for subjective justified reason, the disciplinary procedure is key: the charge, its specificity and timeliness, the employee's right of defence, the explanations given and whether dismissal is proportionate to the facts.
Dismissal for economic reasons
For dismissal for objective justified reason, the employer relies on reasons relating to production, work organisation or the regular operation of the business. The review should go beyond the wording of the letter: whether the reasons are genuine, their link with the eliminated position and, where relevant, the possibility of redeployment.
Null and discriminatory dismissals
Particular attention is needed where a dismissal may be null or discriminatory. In these cases the protection available may differ significantly from that applicable to a dismissal that is merely unjustified.
Documents to gather now
- employment letter and later contractual changes;
- applicable collective agreement (CCNL);
- dismissal letter and proof of the date of receipt;
- any disciplinary charges and replies;
- relevant emails and company communications;
- payslips;
- appraisals, warnings and previous measures;
- documents on reorganisations or eliminated positions, if available.
Challenging does not necessarily mean going to court
The challenge first of all prevents forfeiture and preserves the right to contest the dismissal. The best strategy can then be assessed: negotiation, conciliation or a court claim. A settlement may be worthwhile, but only once the strength of the legal position and the economic consequences of each option are understood.
What protection can the employee obtain?
There is no single answer. It depends, among other things, on the hiring date, the size of the employer, the nature of the defect and the applicable rules. For permanent employees hired from 7 March 2015, Legislative Decree No. 23 of 4 March 2015 (the "increasing protection" contract) generally applies; for those hired earlier, Article 18 of the Workers' Statute or Law No. 604/1966 applies, depending on the employer's size. Depending on the case, reinstatement, compensation or other remedies may be available.
Conclusion
Anyone who is dismissed should act quickly, without confusing the need for a timely first challenge with the later decision on whether to go to court. IIILEX assists employees and employers in Italy with dismissal assessments, out-of-court negotiations, conciliation and labour-court proceedings.
Key sources
- Law No. 604 of 15 July 1966, Article 6.
- Law No. 92 of 28 June 2012, Article 1(38)-(39), which reduced the second time limit to 180 days.
- Legislative Decree No. 23 of 4 March 2015.
- Italian Constitutional Court, judgment No. 111/2025.
Frequently asked questions
How long do I have to challenge a dismissal in Italy?
60 days from receipt of the written dismissal notice, or of the written reasons if given later, on pain of forfeiture (Article 6, Law No. 604/1966).
How is a dismissal challenged?
By any written act, including out of court, that makes the intention to contest the dismissal known to the employer, also via a trade union. Use a method that proves sending and date.
Is the challenge letter enough?
No. It becomes ineffective unless, within the following 180 days, a labour-court claim is filed or a conciliation or arbitration request is notified to the employer.
What if the employer refuses conciliation?
If conciliation or arbitration is refused or no agreement is reached, the court claim must be filed within 60 days of the refusal or failed agreement.
What if the employee lacked mental capacity?
In judgment No. 111/2025 the Constitutional Court held that, if the employee lacked capacity when receiving the dismissal or during the 60 days, no prior out-of-court challenge is required and the dismissal may be challenged within an overall 240 days of receipt, by filing a claim or requesting conciliation or arbitration.