Aliunde perceptum

FIGHTING ALIUNDE PERCEPTUM

We find proof of the new employment found by the employee asking to be reinstated. We give details on his/her new income in order to reduce the extent of the alleged damage.

FIGHTING ALIUNDE PERCIPIENDUM

Did the worker not work hard enough to find a new job? Demonstrating a case of aliunde percipiendum is not easy. But thanks to our investigative techniques we can provide you with valid evidence in the trial phase.

Elisa De Cicco

Aliunde perceptum and aliunde percipiendum are very delicate cases, in which the burden of proof is left exclusively to the employer. But proving them, thanks to a professional investigative service, is important to avoid:

• the company’s economic damage
• fraud by unfair former employees
• company’s image damage

In labour law, the aliunde perceptum indicates the income accrued thanks to the loss of the original job.

Article 18 of the Workers’ Statute (Law No. 300 of May 20, 1970) establishes that in the event of unlawful dismissal the employer, in addition to reintegration into the workplace, is obliged to pay the worker all wages from the day of dismissal up to that of actual reinstatement and compensation of at least 5 months’ salary.

But while the latter cannot be reduced, the compensation consisting in the payment of all salaries from the day of dismissal to that of reinstatement can, in some cases, be reduced.

This reduction is possible when the unlawfully dismissed worker has found a new job for which he received the relative salary, the so-called aliunde perceptum.

To reduce the amount of the compensation, the employer will have to prove that the employee, during the period of interruption of the relationship, has found a new job for which he received the relative income from subordinate or self-employed work. In short, the burden of proof rests entirely on the employer’s shoulders. Thankfully, we at Group Top Secret can help you get justice.