The Court of Cassation asked the Italian Constitutional Court to rule on the compliance with Italian Constitution section 32 of Law n. 183/2010 (so called "Collegato Lavoro") concerning fixed term contracts.

In particular, the mentioned section provides - in case of breach of Italian rules concerning fixed term contracts - the payment by the employer to the employee of an indemnity between 2.5 and 12 monthly salaries, in addition to employee's reinstatement.

The Court of Cassation has considered that the provision of a lump sum may not be in compliance with Italian Constitution assuming that the employee, in case of a breach of the limits regarding fixed term contract has the right to obtain the payment of all damages he suffered. The case is now deferred to the Italian Constitutional Court's judgment.