In case of the worker's reinstatement, the mobility allowance is considered as "aliunde perceptum"

As known, in cases where there has been the reinstatement of a dismissed employee as part of the mobility procedure, in cases of unfair dismissal the worker will be entitled to receive the allowance ex art. 18 c. 4 of the Statute of Workers, corresponding to 12 monthly salary.

However, from this compensation, the so-called aliunde perceptum will be subtracted: it is all the income from work that the employee has received after the dismissal, including mobility allowance.

The recent judgment of the Court of Cassino (February 22, 2017) considers the compensation ex art. 18 of  the Worker’s Statue as an income from work, a compensation, even if it is not, by subjecting it to the principle of compensatio lucri cum damno, contrarily to the earlier case-law which does not consider at all as aliunde perceptum.