The Constitutional Court has declared admissible the popular referendums requested on

– unlawful dismissal of small enterprises (maximum compensation measure) and

– fixed-term contracts

The question of the popular referendum for the repeal of article 8 of the law number 604 of 1966 concerns the words that establish a maximum measure (equal to six months of the last global salary in fact) for the liquidation of compensation for unlawful dismissal.

The Court’s reasoning in its judgment number 13/2025. the rule which was the subject of the reference question is now applied, following changes in the relevant legislation, to workers employed by so-called “small enterprises” (i.e., employers who do not reach the 15 employees size threshold indicated in Article 18, eighth paragraph, of the Workers’ Statute) before 7 March 2015, date of entry into force of Legislative Decree number 23 of 2015, implementing the Jobs Act.

In the Court’s view, the question under consideration does not meet the limits laid down in Article 75 of the Constitution and meets the requirements of clarity, univocity and homogeneity which are essential for implementing the question.

They offer a clear alternative to the voter:

• either maintain the current maximum allowance or
• remove it so that the judge can quantify a fair refreshment with an adequate deterrent effect.

The same Court, in judgment number 14/2025, declared admissible the request for an abrogative referendum entitled “Partial repeal of rules on the posting of term to the employment contract, maximum duration and conditions for extensions and renewals”.

The referenda’s question concerns the repeal of certain provisions (articles 19, paragraphs 1, 1-bis and 4, and 21, paragraph 01, of legislative decree number 81 of 2015).

The referendum is formulated in terms of a dry alternative:

• on the one hand, repeal the existing provisions, The obligation to justify the current term for the conclusion of contracts of employment of a duration exceeding one year and the necessary reference, for all fixed-term contracts, was extended to include part-time employment; the sole justification provided for by law or collective agreements;
• on the other hand, to maintain the existing legislation, which, on the contrary, liberalizes its use.

The Firm is available for any clarification.