The Latin expression ‘aliunde perceptum’ refers to income earned by a wrongfully dismissed employee after the termination. In litigation, the company can reduce — or in some cases eliminate — the compensation owed to the former employee by proving they found alternative employment. However, the burden of proof lies entirely with the employer. Ponzi Intelligence supports companies in gathering evidence of former employees’ work activities, providing documentation usable in court.
Article 18 of the Workers’ Statute provides that in cases of wrongful dismissal, compensation is calculated from the last actual global salary, from the day of dismissal to reinstatement, deducting the aliunde perceptum. The Supreme Court (no. 11706/2020) confirmed that the burden of proof lies entirely with the employer. Cass. no. 22686/2025 clarified that the aliunde perceptum is not deductible from the minimum threshold of 5 monthly salaries under Legislative Decree 23/2015 (increasing protection contract). The aliunde percipiendum (income the worker could have earned using ordinary diligence in job seeking) can also reduce compensation, but again the proof burden lies with the employer.
