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The Constitutional Court, with the sentence n. 194/2018, declared unconstitutional the criterion for determining the indemnity due to the unjustly dismissed worker, provided for by article 3, paragraph 1, of the legislative decree n. 23/2015 c.d. Labor acts, in the part in which it provides that the compensation is "of an amount equal to one month's salary of the final reference salary for the calculation of the termination indemnity for each year of service".
The quantification certificate, provided for employees hired after March 7, 2015, makes the compensation "rigid" and "uniform" for all workers with the same seniority; therefore, the judge, in observance of the interval in which the indemnity has to be quantified (minimum 6 and maximum 36 months), account not only for the length of service but also for other criteria of the employed workers, dimensions of the economic activity , behavior and conditions of the laws (606/1966 and article 18 of the workers' statute), in order to personalize the right suffered by the worker.