Judgment no. 20/2022 of 27/05/2022 from the Court of Udine examines the increasingly common practice of unjustified absenteeism of the employee from the workplace, as behavior aimed at obtaining dismissal for just cause and thus benefiting from NASPI.

The Court intervened in the case of a worker who was absent from work without providing a justification.

After six months and various letters sent to the employee, the employer had informed the Employment Center of the employee's resignation, thus depriving her of the right to unemployment benefits.

On the merits, the Judge deemed the employee's behavior illegitimate, as she had not resigned and was absent from work for a long period, and instead considered the employer's conduct correct.

In the case in question, the Court stated that there were several elements demonstrating the worker's unequivocal intention to terminate the employment relationship in order to induce the company to withdraw from the contract through dismissal for just cause, in order to obtain NASPI.

Therefore, in light of the ruling in question, the Court's interpretation would favor the termination of the employment relationship due to conclusive facts and would not allow the use of dismissal for just cause, as doing so would protect the disloyal employee through the provision of public benefits.

Unjustified absence is therefore equated to resignation and consequently the worker cannot benefit from NASPI.

The AIRO Investigative Institute provides companies with its services aimed at protecting their assets and assets.

One type of investigation requested by companies, for defensive and preventive purposes, involves the search and documentation of evidence to support a potential lawsuit, certifying the systematic and unjustified absenteeism of the worker, with the intention of ending the employment relationship, to induce the company to terminate the contract through dismissal for just cause and obtain NASPI.

It often happens, for example, to discover and document that the absent worker is performing so-called "off-the-books" work for another employer.

Contact us