Practical guide
How to draft a petition against dismissal under the increasing protections regime with AI
4 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
The petition challenging a dismissal under the increasing protections regime ('tutele crescenti') is the initiating pleading required to contest dismissals of employees hired under open-ended contracts from March 7, 2015, onwards, pursuant to Legislative Decree 23/2015. Drafted in accordance with Art. 414 c.p.c., the petition must be filed with the Labor Section of the territorially competent Court to obtain a judicial declaration of the employer's unlawful termination. Its purpose is to activate the remedies provided by law, ranging from monetary compensation to reinstatement in the workplace in cases where the alleged material fact does not exist. The practitioner must preliminary verify compliance with the substantive and procedural forfeiture deadlines established by Art. 6 of Law 604/1966.
In brief
The petition under Art. 414 c.p.c. initiates proceedings against unlawful dismissals for employees hired since March 7, 2015, governed by Legislative Decree 23/2015. Filing requires compliance with Law 604/1966: 60 days for out-of-court challenges and 180 days for judicial filing. The document must identify parties, the power of attorney, and the applicable CCNL. Statutory remedies range from indemnity compensation (6 to 36 months) to workplace reinstatement for non-existence of the material fact. AI tools assist in drafting legal grounds and organizing documentary evidence under penalty of forfeiture.
The steps
- 1.
Verification of applicable regime and deadlines
The first step consists of confirming that the employment relationship commenced after the entry into force of Legislative Decree 23/2015, which is a prerequisite for applying the increasing protections regime. Strict compliance with the 60-day deadline for out-of-court challenge ('impugnazione stragiudiziale') and the subsequent 180-day deadline for filing the petition pursuant to Art. 6 of Law 604/1966 must be verified. Non-compliance with these statutory time limits results in the forfeiture of the right to challenge the dismissal, precluding any examination of the merits.
- 2.
Identification of jurisdiction and parties
The petition must be addressed to the competent Court sitting as a Labor Court ('Giudice del Lavoro') pursuant to Art. 413 c.p.c., typically identified by the place where the employment relationship was established or where the business establishment is located. The petitioning employee ('ricorrente') and the respondent employer ('resistente') must be identified with precision, specifying their personal or corporate data, tax codes, and certified email (PEC) addresses for notifications. The power of attorney ('procura alle liti') must be granted specifically for the proceedings and digitally attached to the pleading upon electronic filing.
- 3.
Statement of facts and challenge
This section requires an analytical exposition of the employment relationship, stating the date of hire, duties performed, collective bargaining agreement (CCNL) classification, and total actual remuneration. The sequence of events leading to dismissal must be reconstructed, from the disciplinary charge or notice of objective justified reason to the receipt of the termination letter. It is essential to explicitly mention the timely out-of-court challenge to establish the admissibility of the claim, attaching proof of dispatch and receipt by the employer.
- 4.
Legal framework of termination defects
The defense must articulate the unlawfulness of the dismissal by distinguishing between substantive grounds (Art. 3 of Legislative Decree 23/2015) and formal or procedural defects (Art. 4 of Legislative Decree 23/2015). If pleading the non-existence of the material fact alleged, the claim for reinstatement must be specifically supported, whereas for other instances of lack of justified cause or reason, the remedy sought will be financial indemnity. Counsel must specifically challenge the proportionality of the disciplinary measure or the genuineness of the organizational grounds stated in the dismissal letter.
- 5.
Structuring of prayers for relief and conclusions
The prayers for relief ('conclusioni') must be set out clearly and, where appropriate, in the alternative, seeking primary declarations of nullity or unlawfulness of the dismissal. The precise remedy sought must be specified: an order for the payment of compensation parameterized on length of service or, where legally available, workplace reinstatement together with damages. Furthermore, counsel must request the payment of social security and welfare contributions, plus statutory interest and monetary revaluation from due date to actual settlement.
- 6.
Documentary evidence and witness testimonies
Pursuant to Art. 414 c.p.c., the petitioner must specifically state, under penalty of forfeiture, the evidentiary means relied upon and list the documents submitted. Essential documents must be attached, including the dismissal notice, the out-of-court challenge with proof of service, payslips, and the applicable collective bargaining agreement (CCNL). As for witness evidence, specific factual articles ('capitoli di prova') must be formulated and the witnesses fully identified, ensuring that the testimony directly refutes the factual basis of the dismissal.
Legal basis: D.Lgs. 23/2015art. 3 D.Lgs. 23/2015art. 4 D.Lgs. 23/2015art. 414 c.p.c.art. 6 L. 604/1966art. 413 c.p.c.
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Labor Court jurisdiction
Indication of the territorially competent judicial office pursuant to Art. 413 c.p.c.
Parties
Full identification of the petitioning employee, the responding employer, and legal counsel.
Facts: relationship and dismissal
Chronological statement of the employment relationship, the occurrence of dismissal, and the out-of-court challenge.
Law: unlawfulness of dismissal
Analysis of dismissal defects and classification of applicable remedies under Legislative Decree 23/2015.
Conclusions
Specific requests for a declaration of unlawfulness and an order for monetary or reinstatement remedies.
Evidentiary requests and documents
Itemized list of produced documents and articulation of witness evidence under penalty of forfeiture.
Place, date, signature and power of attorney
Final formalization of the pleading with the attorney's digital signature and attachment of the power of attorney.
Mistakes to avoid
- Failure to prove the out-of-court challenge within 60 days, resulting in the ineffectiveness of the challenge and substantive forfeiture of the right of action.
- Failure to specify evidentiary means in the initiating petition, leading to evidentiary preclusion under Art. 414 c.p.c.
- Incorrect application of the increasing protections regime to employment relationships commenced prior to March 7, 2015.
- Failure to produce the applicable CCNL, necessary for establishing the parameters of the total actual remuneration.
Frequently asked questions
What are the deadlines for filing the petition in court?
The petition must be filed within 180 days from the dispatch of the out-of-court challenge to the dismissal, pursuant to Art. 6 of Law 604/1966.
Is it possible to obtain reinstatement under the increasing protections regime?
Reinstatement is granted only in cases of null or discriminatory dismissals, or where the material fact alleged is proven non-existent, pursuant to Art. 3(2) of Legislative Decree 23/2015.
How is the indemnity compensation calculated?
The compensation is determined by the judge based on the employee's length of service, taking into account statutory parameters and Constitutional Court rulings, within the limits established by Legislative Decree 23/2015.
What edit.legal automates
- —Automatic validation of forfeiture deadlines under Art. 6 Law 604/1966 based on dismissal and challenge dates.
- —Dynamic calculation of indemnity compensation based on seniority under Legislative Decree 23/2015 criteria.
- —Automated structuring of witness evidence articles and verification of documentary completeness pursuant to Art. 414 c.p.c.
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