The Supreme Court has recently ruled that an employer cannot unilaterally suspend an employment relationship unless circumstances arise that are incompatible with the employer's desire to continue the employment relationship. The employer retains the right to remuneration.
The Court of Appeal of Potenza, deeming the unilateral suspension of the contract of technical director and coordinator of the security service of a local authority employee to be unlawful, rejected the appeal against the payment order for the work specified in the contract.
The institution based its objection on the fact that the worker had not made a genuine offer of benefits at the time of the suspension.
The Supreme Court, with ruling no. 2722 of February 7, 2026, upheld the District Court's decision, noting that the employer or client cannot unilaterally suspend the employment relationship, unless, pursuant to Articles 1463 and 1464 of the Italian Civil Code, circumstances of impossibility of performance apply, and events attributable to the business management itself, including the reduction or cessation of production activity, are not relevant. It follows – the Supreme Court concludes – that the "suspended" worker is not required to prove that he or she made available his or her working energies during the disputed period, since, by the mere fact of the unilateral suspension of the relationship, which creates a mora credendi, the worker retains the right to remuneration, unless circumstances arise that are incompatible with the desire to continue the aforementioned relationship.
Lawyer Nicoletta di Lolli